Full text of "Journal of the Senate of the Commonwealth of Kentucky, November 3, 1823 - January 8, 1824"

See other formats

SENATE

COMMONWEALTH OF IvENTCCKl

v AND HELD IN THE TOWN OF FRANKFORT, ON MONDAY THE

rillRD DAY OF NOVEMBER, IN THE YEAR OF OUR LORD 1823.

■ D 0F THE COMMONWEALTH THE THIRTY-SECOND.

FRANKFORT:

NTED BY AMOS KENDALL AND COMPANY

PRINTERS FOR THE STATE,

JOURNAL OF THE SENATE.

T A GENERAL ASSEMBLY, begun and held for the State
- of Kentucky, at the Capitol in the Town of Frankfort, on
Monday the third day of November 1323, and in the thirty-second
year oi the Commonwealth.

It being the day appointed by law for the annual meeting of the
jcneral Assembly, William T. Barry, Lieutenant-Governor, ap¬
peared and took the Chair, and the following Members of the Sen¬
ate appeared and took their seats, to wit: From the counties of
Caldwell, Livingston, Hickman and Calloway, Chittenden Lyon;
Christian, Irigg and Todd, Young Ewing; Butler, Muhlenberg
and Grayson, VV llliam Worthington; Logan and Simpson, Charles
Mo re head ; Warren and Allen, Anayk Dawson; Barren and part
oi Monroe, John Gorin; Cumberland, Wayne and part of Mon¬
roe, Granville Bowman; Hardin and Bullitt, Christopher Miller-
Green and Hart, Elias Barbee; Jefferson, James W. Denny-
i e >on, Martin II. W i eld iff; Washington, Jeroboam Beauchamp:
Henry Charles FI. Allen; Shelby, Samuel W. White; Mercer,
Robert B.M 4/ee: Garrard, John Faulkner; Knox, Clay, Whit-
ey and Harlan, Richard Ballinger; Gallatin, Pendleton and
Grant, John Forsythe; Boone and Campbell, Thomas D. Carneal;
Woodford and Jessamine, William B. Blackburn; Fayette, Mat¬
thews Flournoy; Clarke, Chilton Allan; Montgomery and EstilJ.
Samuel L. Williams; Bath, Floyd, Morgan, Pike and parts of
J erry and Lawrence, Ihomas D. Owings; Mason, James Warily
lAeming, William 1. Roper; Nicholas and Bracken, John H.
Rudd; Bourbon, John L. Hickman; and Scott, Rodes Smith.

I he said Chilton Allan, Charles H. Allen, James W. Denny,
loung Ewing, John Forsythe, Thomas D. Owings, William P.
Roper, James Ward and Martin IL Wickliff severally produced
certificates of their having been duly elected at the last general
election and took the several oaths required by the constitution of
1 war » btates ’ aU(1 the constitution and laws of this State.

Willis A. Lee was then elected clerk; Anthony Crockett, ser-
geant-at-arm, and Littleberry Batchelor door-keeper—the two
ollh^e r unanimousl - V; thereupon they severally took the oaths of

JOURNAL OF

Ordered, That Mr. Ewing inform the House of Representatives,
that the Senate have formed a quorum, elected their officers, and
are now ready to proceed to legislative business.

'flic Senate received messages from the House of Representa¬
tives, announcing that they had formed a quorum, elected their
officers, and were ready to proceed to legislative business; and
that they had appointed a committee to wait on the Governor,
and inform him that the Legislature is organized and ready to re¬
ceive any communications he may think proper to make.

Whereupon Messrs. Blackburn and T. D. Owings were ap¬
pointed a committee for that purpose, on the part of the Senate.

The committee retired, and after some time returned, and Mr.
Blackburn reported that the joint committee had performed the
duty assigned them, and were informed by the Governor, that he
would make a communication in writing, by way of message, to
both branches of the Legislature, in their respective chambers, on
to-morrow at eleven o’clock.

Resolved, That the Clerk be permitted to avail himscll of the as¬
sistance of Jacob Swigert, in the execution of his office during
the present session.

The Speaker laid before the Senate a petition from Alexander
Lackey, representing that at the last general election he was duly
elected Senator of the thirty-first district, but that Thomas D.
Owings has been improperly returned; and praying that he may
be admitted to take the seat, instead of the said Owings; which
was read, and referred, with the accompanying documents, to
Messrs. JYl'Afee, Ewing, Faulkner, Denny, Barbee, Roper and
Blackburn, with power to send for persons, papers and records,
for their information.

Ordered , That the rules of last session be adopted as the rules of
this.; and thatthe public printers forthwith print 1 50 copies there¬
of, for the use of the Legislature. v

Ordered, That a committee of propositions and grievances be
appointed; and thereupon a committee was appointed, consisting
of Messrs. Ewing, Marshall, Howard, Flournoy, Davidson, Daw¬
son, Hickman, Lyon, and such other members as may, from time
to time, choose to attend; who are to meet and adjourn from day
to day, and take into consideration all propositions and grievances
that may be referred to them from time to time, and report their
proceedings, together with their opinion thereupon, to the Senate.
And the said committee shall have power to send for persons, pa¬
pers and records, for their information.

Ordered. That a committee of privileges and elections be ap¬
pointed; and thereupon a committee was appointed, consisting of
Messrs. Faulkner, Thompson Ward, Towles,'Beauchamp, Gorin,
Miller and Morehead; who arc to meet and adjourn from day to
day, and take under consideration and examine, in the first place

THE SENATE.

all the returns for the election of Senators to serve in the present
General Assembly, and to compare the same with the returns pre¬
scribed by law; and to take into consideration all questions con¬
cerning privileges and elections, and report their proceedings, to¬
gether with their opinion thereupon, to the Senate. And the said
committee shall have power to send for persons, papers and re¬
cords, for their information.

Ordered , That a committee for courts of justice be appointed;
and thereupon a committee was appointed, consisting of Messrs.
Roper, Blackburn, Owens, M’Afee, Carneal, C. Allan, C. H. Al¬
len and Denny; who are to meet and adjourn from day to day,
and take into consideration all matters relating to courts of jus¬
tice, and such other matters as shall from time to time be referred
to them, and report their proceedings, together with their opinion
thereupon, to the Senate. And (he said committee are to inspect
the Journal of the last session, and draw up a statement of the
matters then depending and undetermined, and the progress that
was made therein; also, to examine what laws have expired since
the last session, and inspect such temporary laws as arc near ex¬
piring, and to report the same to the Senate, with their opinion
which oi them ought to be revived and continued. And the said
committee shall have power to send for persons, papers and records,
for their information.

Ordered , 1 hat a committee of religion be appointed; and there¬
upon a committee was appointed, consisting of Messrs. Smith,
James Ward, Worthington, Bowman, Cowan, Barrett and Rudd;
who are to meet and adjourn from day to day, and take into con¬
sideration all matters and things relating to religion and morality,
and such other matters as may from time to time be referred to
them, and report their proceedings, together with their opinion
thereupon, to the Senate. And the said committee shall have
power to send for persons, papers and records, for their information.

Ordered , that a joint committee for enrolled bills be appointed
on the part ot the Senate; and thereupon a committee was ap*-
pointed, consisting of Messrs. Williams, Barbee and Ballinger.

And then the Senate adjourned.

TUESDAY, NOVEMBER 4, 1823.

The Senate assembled.

Mr. Thomas C. Howard, senator from the county of Madison,
and Mr. Peter Barrett, senator from the county of Harrison, sev¬
erally appeared and took their seats.

The Speaker laid before the Senate the petition of Charles
Humphreys, praying legislative patronage to a Compendium of
the Common Law, which he has published.

6 JOURNAL OF

I Mr. Ewing presented the petition of sundry citizens of Hop¬
kinsville, praying that the powers of the trustees thereof may he
extended. Also, the petition of the Master and Wardens of Hop¬
kinsville Lodge, No. 37, praying that they may be authorised by
law to raise, by lottery, a certain sum of money, for the purpose of
completing a Masonic Hall.

Which were severally read and referred, the former to the
committee for courts of justice, and the two latter to Messrs. Ew¬
ing, Blackburn, WicklrU’and Gorin, with leave to report by bill or
otherwise.

On "the motion of Mr. Forsythe,

Resolved, That, as a testimony of the respect which this body
entertains for the memory of the late General William Mountjoy,
a member of the Senate, who has departed this life since the last
session, they will wear crape on the left arm, for the space of
thirty days.

The Senate received from the Governor, by Mr. Monroe, the
Secretary of State, a message in writing, which was taken up and
read as follows, to wit:

Gentlemen , members of the Senate,

and of the House of Representatives ,

WE meet together, at this period, under an afflicting dispensa¬
tion of Providence, which has left many of us to mourn the loss of
near and dear relations, and all of us to lament, for our country,
the loss of some of her most promising, useful, and valuable citi¬
zens. It becomes us, however, with pious resignation on the one
hand, and filial gratitude on the other, to be thankful for the plenty
and peace we enjoy, the late restoration of health, and the abun¬
dant crops with which our fields abound.

It will be necessary for the Legislature, at an early period of
the session, to take into consideration the state of the Revenue.
On the 10th day of October, 1821, there remained a surplus in (he
treasury, amounting to $73,810 78. On the 10th of October,
1822, this surplus was reduced to $54,846 23. On the 10th of
October, 1823, there will be found a surplus only of from two to
three thousand dollars. The State received and appropriated to
purposes of revenue, independent of special appropriations, in the
year 1822, from the profitsarising from the Commonwealth’s Bank,
$61,248 34. This sum has been reduced, in 1823, to $46,403 39.
The reduction will of course continue, as the paper is called in.
The treasury has likewise received, annually, from the Bank of
Kentucky, for dividends and tax on stock, upwards of $40,000.

( This sum, under existing laws, will not be received. It is believ¬
ed, too, that the revenue derived from taxable property, will be
much less, in 1824, than it has been, owing to a decreased esti¬
mate in the value of property on the commissioners’ books.

THE SENATE. %

There are some items of expenditure, that have been increasing
annually. One I think well worth the consideration of the Legis¬
lature. I allude to the expcnce of taking care of, and maintaining
Lunatics. I Ins expence has increased annually, for a number of
years. In 1822, the whole amount was ,$15,490 44. In lgos it
is $19,013 69. Whatever may be said about the inhumanity of
separating this most unfortunate and most to be pitied portion of
our citizens from their relations, would it not comport more with
their own interest, as well as the interest of the State, to have
them supported in the public Hospital, where they will receive all
the advantages of medical aid? I refer to the above items, mere¬
ly to draw the attention of the Legislature to the subject All ne¬
cessary information they may need, will be readily obtained from
the Auditor.

The Penitentiary has been enlarged, under the law of last ses-
sionappropnat.ng money for that purpose; and I cannot, injus¬
tice to the undertakers, refrain from saying, that the work has
been done in a way that will, I believe, fulfil the expectations, and
meet the approbation of the Legislature. On this subject, you
will have a report from the commissioners designated by the Le¬
gislature, to let and superintend the work. The ground now en¬
closed by the new wall, will be amply sufficient, I trust, for many
years to come. I here is, however, much work to be done, in
building the necessary number of cells and workshops. This la¬
th: S ' per t f °. rmed ,^ the convicts, during the next summer, as

monTfo I h fl be T ‘.f° ne 111 the winter - Durin g the last two
guSfvI T r thou S ht I* necessary to allow two additional senti¬
nels to the Keeper, as the old walls were necessarily broken to

b “j l<lill S 1'“' This is a mere temper!,y wmil

men , u>d will cease when the new walls are finished. g

P 1 -, le l ^ WS re atln g to, and intended for the government of the
Penitentiary, are somewhat complicated, and impose unnecessary
restraints on both the Keeper and Agent- restraints which c. ^
only operate to the injury of the institution, without producin'-
-e ther safety or benefit to the public. The Keeper should be au
thorised to draw money from the treasury, with the approbation

ciliary He2Z SUffiC1G f ^r t0 SUpp1 ^ the -aferials ne"
cessary. He ought never to purchase on credit. Let his account

be strictly examined, annually. This, with the responsibility of

him “Tb! 1 ^' 'V 1 b \ a Sllfficieilt ’ and the best check on

tions r r S , hollld " ot be t'ed down by unnecessary restric-

wbn Sh ° U C bC authonspd to sel1 on credit; and to those

six oT° U d P ? rC ^ aSe t0 seil again, he might be allowed to give
six, or even twelve months’ credit. This, I am well assured
would be a better arrangement, than the plan of sub-agents under
he law of last session. The plan of selling the articles long on
hdUtl> at vendue in this place, has been tried, and failed. &

ilUlilllliill—

JOURNAL OF

The office of Keeper, is one of much importance to the commu-
nity. It requires a man of sound arid strong mind, of. indefatiga¬
ble and unceasing attention to the duties ol his office; and al¬
though possessed of all that rare combination of qualities, or tal¬
ents, he must learn the duties to be performed within the mstitu-

The great and most important object of the Legislature, in or¬
ganising the Penitentiary, and changing the punishment lor
crimes was the hope of effecting a reformation in the culprit.
To do this, much has been expected from solitary confinement and
hard labor combined. They are good, so far as they go; but they
certainly need, greatly need, the further aid of moral instruction.

A large proportion of the convicts are not only illiterate, but what
is worse, they have no sense, no knowledge of the value and im¬
portance of correct morals. We have not a female confined in
the Penitentiary; and, to the honor of that class of our population,
it may with truth be said, (and it reflects no less, honor on the
State,) that female convictions, since the organization ol the sys¬
tem, have been very rare. To what cause are we to ascribe this
great difference in the human character, if not to the stronger
sense of moral feelings in the females, than the males. 1unis h-
ment or suffering alone, does not often lead to a reform. It »m
human nature, to resist punishment, which the culprit too of
deems unnecessary and unjust. Is it too much to hope, then,
from the Legislature, an appropriation su ^ cie ° t /° , en ^’ ?
pious, respectable clergyman to devote his Sabbaths to the bene
olent purpose of instructing this unfortunate and degraded class ol

mp Our University still continues to flourish in an eminent degree.
The Law Department promises much, not only in the diflusion o
the necessary science of Law, but in the promotion of the smence
of Government in its various relations. The Medical D p
ment has met with a success, which, it is believed, has no parallel.
The late visitation upon our community, has illustrate
fully, the correctness of the policy in promoting this institution.
It would be desirable, that the Faculty would by some mean
organize themselves with the physicians throughout the bta e
as to be able to collect the earliest possible information of the dis
eases which visit us under such incessant changes, and discover¬
ing the most successful means of encountering them, to diffuse the
knowledge thus acquired, as speedily as possible and thereby ren
der the science of the institution as universal and efficient as

P1 Our Southern College at Bowlinggreen, and Centre Colleg at
Danville, are both in successful operation. I he Deal and -»
Asylum, at the latter place, has been opened under most lavorable
auspices, and promises much, in illuminating, the minds of those

THE SENATE. 9

Unfortunate persons, whom nature, or accident, has deprived of
the ordinary means of acquiring knowledge.

On the subject of the Bank of the Commonwealth, the Legisla¬
ture will, I presume, pursue steadily the course pointed out in the
charter, and which has been acted on by two preceding Legisla¬
tures. To issue more paper, would be risking too much; and I
am fully of opinion the debtors cannot meet heavier calls. Let
this course be adhered to, and the Bank will wind up itself as soon
as the people of the State will be prepared to do without it.

Permit me, whilst on this subject, to remark, that the Bank of
the Commonwealth was organized, and the Endorsement and Re¬
plevin Laws passed, for different purposes, and intended to operate
on separate and distinct classes of debtors. They were not essen¬
tially dependent on each other. The Bank was intended to re¬
lieve a very numerous class of debtors, whose debts were small,
and where both creditor and debtor were citizens of the State,
and whose debts, though small individually, amounted, in the ag¬
gregate, to the enormous sum of upwards of two millions of dol¬
lars; all of which were under judgment and execution, and the
property ready to be sacrificed, in most cases, for little more than
the officers’ fees. It cannot be doubted by any, that such an
amount of property exposed by the officers at the same time, or in
a short period, would not have brought a tenth, perhaps not a
twentieth of its value. This numerous, and I will venture to say,
this class of honest debtors, have been relieved by loans from the
Bank; their creditors have been satisfied, and thus allowed suffi¬
cient time to raise the money, by adopting the very sage advice,
Which we have all read in our Almanacs since the days of poor
Job, and may yet read from most public documents and newspa¬
pers, of industry and economy; an advice always good in itself, but
when given to a man whose whole property, the labor of many
years, is in the hands of an officer, and about to be torn from him
for one tenth of its value, in a few days, a week or month, it is
then little better than insult. The class of debtors for whose ben¬
efit the Replevin Law was passed, were those whose debts were so
large, that the limited loans of the Bank could not reach. To
give them time, was all the Legislature could do for them. To
what extent they may have been enabled to avail themselves of
the time they have already had, will be better known to the col¬
lected wisdom of the Legislature, than to myself. One thing I
believe is certain, that many of them cannot yet pay their debts iu
specie.

I have given this plain narrative of the history of our relief
laws; and notwithstanding the abuse which has been heaped up¬
on them by the designing and ignorant, I have not a doubt, but
that, from the then situation of the country, they were essentially
necessary, and better calculatedgtffdo moral justice between cred-

JOURNAL OF

ilor and debtor, than any other course in the power of the Legis¬
lature.

The Supreme Court of the United States have decided the
cause involving the validity of our Occupying Claimant Laws, on
which so much, both in principle and property, depended, and in
which we, very properly, took so great an interest; and notwith¬
standing the provision in the Compact with Virginia, that in the
event of a dispute concerning the meaning or execution of the in¬
strument, the same should be referred to a tribunal therein pro¬
vided for; and notwithstanding Virginia had long acquiesced in
our interpretation and execution of its stipulations, and that when
we made the proposition, she refused to constitute the tribunal,
and make the reference; yet that Court took cognizance of the
Compact between the States, as they would have done of a con¬
tract between private persons, and by misunderstanding its mean¬
ing) (which has been fully proved by our distinguished and patri¬
otic counsel, and also further illustrated in the same view by an
eminent citizen,) and by disregarding what had been esteemed the
well settled distinction between right and remedy, declared the
whole of our Occupying Claimant Laws contrary to the Compact,
and void. And the Court of Appeals of our own State, following
somewhat (for they' do not perfectly agree) this disregard of the
ancient distinction between right and remedy, have lately given a
decision, by which they declare our Replevin, and consequently, it
is believed, Properly Laws, unconstitutional and void, whenever
they may be so asserted by the creditor. The decision was given in
the case of a contract made prior to the passage of the law;
whether, in consequence of the provision in these laws in relation
to the endorsement on executions, they will not give the same de¬
cision in cases of contracts subsequently made, is a subject of con¬
jecture. These decisions have produced much excitement and
alarm throughout the State.

The Courts rely, for the support of their decisions, on that
clause of the Constitution of the United States, which declares
that “ no Stale shall pass any law impairing the obligation of con¬
tracts.'’' 1 From these words, our Court draws the conclusion, that
the remedial laws existing at the time of the contract, are made
part of the contract, and cannot be changed by any future Legisla¬
ture.

It is the great and leading principle in our Federal, as well as
Slate Constitution, that the people shall govern. To secure this
important right more effectually, the members of our Legislature
are elected for short periods; for the sole purpose, that the peo¬
ple may, by means of these elections, effect a remedy for existing
evils—amend, change, or repeal all law's that are found oppressive
or injurious to the community. 1 am not an advocate for legisla¬
tive infallibility. 1 would not, therefore, clothe them with the

THE SENATE.

power of doing much evil, and by the same principle take from
the people the right, as well as the power to apply the proper rem¬
edy.

It is settled, that Congress, as well as the State Legislatures,
have the power to grant charters of incorporation. It is also well
known, that there are three leading interests in the United States,
the mercantile, the agricultural, and the manufacturing. Sup¬
pose, then, that one of these interests (the mercantile or manufac¬
turing) should, by any means, obtain a majority in each house of
Congress, and thus obtain a charter of incorporation, granting
them privileges injurious to the other two pursuits, which would
run for forty or fifty years, and for which they would pay a bonus;
will any rational man say there is no power in the government to
relieve the community from such a grievance? It too often hap¬
pens, that men employed for a length of time in courts of law, ei¬
ther as Judges or inferior actors, become, in feeling and con¬
science, completely legalized. Man is very much the creature of
habit. Such an one would probably tell you, the contract was a
fair one, the bonus had been paid, and the law was in favor of the
corporation. But would’any honest, moral man hesitate a mo¬
ment in voting the repeal of such a law ?

I will mention one other view in which this principle contended
for by the courts, if submitted to, may become dangerous to the
government, as well as to the best interests of the people. Ours is
a government founded on moral principles; its strongest support
is in the affections of the people. Any judicial act that tends to
alienate the minds, and consequently, the affection of large por¬
tions of the citizens; for instance, as in the present case, a whole
State, by unhinging and overturning the course of legislation and
adjudication acted on for years past, must, in the same degree,
weaken the power, and render less secure the stability of the gov¬
ernment. I need not be told, that the general government is au¬
thorised to use physical force to put down insurrection and en¬
force the execution of its laws. 1 know it; but I know, too, with
equal certainty, that the day when the government shall be com¬
pelled to resort to the bayonet, to compel a State to submit to its
laws, will not long precede an event of ad others most to be depre¬
cated.

I refer to these strong points, to show to vrhat extent this princi¬
ple may be carried. As to the immediate effects, the incalcula¬
ble litigation and distress it may produce within this State, I leave
it with the Legislature, who are betterable to judge than myself.
But the immediate effects and consequences of these decisions, on
the property and pecuniary relations of the community, is not the
view in which most is to be apprehended. The principles they
would establish, and the effects they would produce, sink much
deeper, and Would produce infinitely more permanent evils.

JOURNAL OF

They strike at the sovereignty of the State, and the right of the
people to govern themselves. It is in this view that they have
been contemplated, and justly excited the apprehensions of the
most intelligent and sober-minded members o< the community; and
in this view the subject is committed to your most solemn consid¬
eration. In your wisdom the remedy is expected to be devised.
It is with pride, as well as pleasure, I am enabled to say, (and say
it without flattery,) that there is a due proportion of the talents of
the State in the present Legislature.

I may fairly hope, then, that on this highly important subject, as
well as all others that may come before you, you will act with that
cool, dispassionate, manly deliberation, which will always be
found the surest, as well as the shortest road to a correct decision.
Whatever course the Legislature may adopt, in supporting and
protecting the just rights of the State, and protecting the citizens
from the evils to be dreaded from this new doctrine, and, to say
the least of it, this doubtful construction given to the Constitution
of the United States, will, I have little doubt, be approved by your
constituents, and go far to quiet their apprehensions on this im¬
portant subject.

Othersubjects that may occur during the session, will be com¬
municated in due lime. It will give me pleasure to co-operate
with you in all measures calculated to promote the public interest.

I am, Gentlemen, with due respect,

Yours,

JOHN ADAIR,

Frankfort, Nov. 4, 1823,

Ordered , That the public printers forthwith print 1,000 copies
thereof, for the use of the Senate.

Mr. Lyon presented the petition of sundry citizens residing
within the bounds of Graves county, praying that it may be organ¬
ized; which wms read and referred to the committee of proposi¬
tions and grievances.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Williams—1. A bill allowing further time
to the Judge of the 1 1th judicial district to move into the same.

On the motion of Mr. Beauchamp—2. A bill to amend the sev¬
eral laws concerning champerty and maintenance.

And on the motion of Mr. M'Afee—3. A bill to amend the law
concerning county courts.

Messrs. W illiams, C. Allan and Rudd were appointed a commit¬
tee tv> prepare and bring in the first; Messrs. Beauchamp, Roper.
Howard, Hickman and Denny, the second; and Messrs. M’Afec,
While . d Miller, the third.

And then the Senate adjourned.

TI-IE SENATE.

WEDNESDAY, NOVEMBER 5, 1823.

The Senate assembled.

Mr. Barrett presented the petition of sundry citizens of the
town of Cynlhiana, praying that the powers of the trustees may be
enlarged.

Mr. Carneal presented the petition of William Porter, praying
that a law may be passed authorising a sale of some real estate be¬
longing to his children.

,Mr. Williams presented the petition of sundry citizens of Bour¬
bon county, praying to be added to Montgomerj' county.

Mr. Miller presented the petition of sundry citizens of Hardin
county, praying an alteration in the route for the State Road from
Frankfort to Bowlinggreen.

Mr. C. H. Allen presented the petition of the heirs of Patrick
Shields, deceased, praying that one of the heirs maybe authorised
to compromise and settle the disputes in relation to the lands of
the estate.

Mr. Carneal presented the petition of Joseph Cummins and
ot iers, praying that a conveyance of land from James Moody and
bamueJ M Millan to Samuel Cook, which was not recorded in the
proper office, may be declared valid.

Which were severally read, and referred, the first to Messrs.
Bnriett, M A fee and Carneal; the second, to Messrs. Carneal, For-
sjAhe all( l C. Allan; the third, to the committee of propositions
andgnevances; the fourth, to Messrs. Miller, Beauchamp, Gorin

and Blackburn; the fifth and sixth to the committee for courts of
justice.

1 he Senate received a message from the House of Reprcscnta-
|! V f S V Rnnouncln g the passage of a bill entitled “ an act for the re

w, , ? C , C , UrUle8 ofthe Jate sheriff of Ohio county.”

Which bill was read the first time; and the rule being dispens¬
ed with, it was read a second and third limes.

Resolved, That said bill do pass, and that Mr. Wickliff inform
the House of Representatives thereof.

1 he Speaker laid before the Senate a letter from the Auditor of
l ubhc Accounts covering his annual report and several official
statements, which was read as follows, to wit:

STATE OF KENTUCKY, )

Auditors Office, Frankfort, 5th Nov. 1823.^

You will please lay before the House over which you preside,
the accompanying Statements, from No. 1 to 8, and much oblige,
Yours respectfully,

Hr.rr.iMT R IT P - CLAY, .duel. P. A.

m illiam 1. Barry, Esq.

Ueut. Governor , and Speaker of the Senate..

IBcKflFavtTifn

:j> 1tfl N «pftyj igc) ftHfl "Tifll»&■ 1: W (»Tu>

< Bj !r!v i i

iMuOMWffOMT

sIL

J (ffiV rlYiffillfl 8 ? it inff 1fc7 *1 f 1

I i; U i "j to) i| i I ill • 111 u iT«KftVi] ft L f 1 a) Bva 1 rtSfi H IT;* afs Vi) 5^ 1

THE SENATE. IS

PAID, SAME TIME.

Warrants reported to have been paid by the treas¬
urer, 205,433 59

Stock subscribed in the Bank of the Com¬
monwealth of Kentucky, for which

warrants did not issue, 28,009 50—233,443 09

Balance remaining in the treasury on the 10th day of

October 1823, |> 12,981 87

Note. —By the provisions of an act of the legislature, entitled
“ an act providing for paying the commissioners under the com¬
pact with Virginia,” approved December 7th, 1822, the treasurer
was required to pay to Henry Clay and John Rowan, six thousand
dollais in specie or United States 1 paper, without any reference
to this ollice; consequently, that transaction is not taken into cal¬
culation.

A Statement of warrants drawn by the Auditor on the Treasurer, dur¬
ing twelve months, ending on, and including the 10 th day of Octo¬
ber 1823; showing the amount drawn for each source of expenditure,
the amount of warrants paid and unpaid, in the same period, to wit:

Sheriffs, for revenue of 1 820, amount overpaid, 85 37

Ditto, 1821, ditto, 173 28

ommissioners of navigation, (see act of assembly,

approved 21st December 1821,) 32

L ' 1 ' 1 ! c ™ ads > 111 pursuance of an act of assembly en-
thled an act to open a road from Mountsterling
to the Virginia line, by way of Prestonsburg, and
for other purposes, approved 28th Dec. 1818, 1500

Sergeant court of appeals, 547 44

Drawbacks on vacant lands, ,' 44

Pensioners, 4 ° 15

Public communications, 0 , 51 41

Military expenditures, 3&

Purchasers of non-residents’ lands, To

Money refunded for taxes twice paid, &c. l ll

Clerks, for taxes overpaid, 1 7 Z. ^

.Legislature, October session 1821, (pay of witnesses ) q al

Appropriations, October session 1821 , ’ , r ' )0

Commissioners of tax, lb

Attorneys for the commonwealth, I’JfJ )£ ,

Salaries of the executive and judiciary departments 3 ] 743
Loans 10 IhcpMUe,incliding-JafpSSlS

$5000 ^ L i1 e S E * alure J October session ] E 02 , of

1,500
547 44
46 15
51 41
1,271 3ff
363 27
306 79
172 85
7 57
3 31
154 18
7,938
5,850 12
31.743 33

29,538 37

Total amount of warrants issued, $ 205,468 07

Stock subscribed in the Bank of the Commonwealth
of Kentucky, for which warrants did not issue, 28,009 50

Total expenditures, $ 238,467 57
Warrants unpaid, the 10th of October 1822, that is¬
sued since the 17th ol March 1810, (all others, is¬
sued prior to the above date, are presumed to have
been paid,) 140

$ 233,613 64

Warrants reported to have been paid, and stock sub¬
scribed by the treasurer, (see Statement No. 1,) 233,443 09

■■■

JOURNAL OP

Legislature, October session 1822, including only
the daily attendance and mileage of the members,
and compensation to witnesses,

Appropriations, October session 1822, including the
compensation of the several officers of the legisla¬
ture, public printing, fuel, and all other expences
enumerated in the bill, except the compensation to
the Speaker of each house; also, the appropria¬
tion made for the purpose of enlarging the peni¬
tentiary,

Sheriffs comparing polls,

Town of Columbus, for advertising sale of lots, &c.
Digest of the Statutes,

Centre College of Kentucky,

Louisville Hospital,

Lunatic Asylum,

Slaves executed,

Executive offices, for fuel, stationary, &c.

Support of lunatics,

Clerks’ services, including ex ojjicio services, copying
commissioners’ books, record books, and presses,
Jailers, for attending circuit courts, dieting crimi¬
nals, Slc.

Contingent expences, including the cost for distribut¬
ing the Acts and Journals of October session 1822,
the Digest of the Statutes, Reports of the Court of
Appeals, and also the pay to the Reporters of the
Decisions of the Court of Appeals,

Criminal prosecutions,

15,944

21,099 67
351 99
578 35
9,110
3,000
6,000
7,500
2^300
3,687 06
19,013 69

8,251 28

6,728 92

9,936 36
12,171 95

Warrants unpaid the 10th of October 1823,

$ 170 55

•V*.

JOURNAL OF

A Statement of balances due to Government on the 1 Oth day of October

1823, viz.

Of the revenue collected by sheriffs, there is due,

for the year 1793

Do. ' 1794

Do. 1796

Do. 1798

Do. 1799

Do. 1800

Do. 1802

Do. 1803

Do. 1806

Do. 1807

Do. 1809

Do. 1811

Do. 1815

Do. 1817

Do. 1819

Do. 1820

Do. 1821

Debts receivable,

Commissioners of navigation,

Tax an bank stock, (Independent Banks,)
Clerks, for taxes,

Loans to the penitentiary,

104 06
138 61
1,825 36
10! 36
217 25
172 26
31 99
1,662 21
613 26
279 43
48 53
52 44
10 26
1,323
1,186 97
1,814 38
5,357 71
7,127 84
l 82
1,105 06
3,659 58
25,782 85

No. 4.

A Statement of Balances due from Government , on the 10 th day of
October 1823, and for which the amount in the Treasury on the same
day , is, under the existing laws , subject to the payment of the same ,
'to wit:

Sheriffs, for revenue of 1813, amount overpaid,

Attorneys, for 1819,

Purchasers of non-residents’ lands,

207

Bank stock fund,

4,603

Attorneys for the Commonwealth,

1,469

Salaries,

3,718

Town of Columbus,

1,765

Amount due from Government,
C

$ 11,858 54

No. 3.

Total debts due,

$ 52,616 28

18 JOURNAL OF

No. 5.

A Statement showing the probable amount of expenditures of the Gov¬
ernment, jor the year to end on the 1 Olh day of October 1824, fo wit :

For the annual salaries of the officers of the executive
department, attorney-general and attorneys for the

commonwealth, 35,000

Ex officio services of clerks, copying commissioners’ books,

and for record books, presses, &c. 8,500

Legislature, November session 1823, and all expences in¬
cident thereto, supposing the session to continue eight
weeks, 40,000

Sergeant court of appeals, 700

Military expenditures, 500

Postage, 1,400

Sheriffs comparing polls, 1,000

Criminal prosecutions, 14,000

The execution of slaves, 2,000

For the support of lunatics, 20,000

Printing and Binding the Acts and Journals of November

session 1823, 3,000

Jailers, for attending circuit courts, &c. 7,000

Commissioners for taking in lists of taxable property, 8,000

Contingent expences, including the pay to the Reporter
of the Decisions of the Court of Appeals, for distribut¬
ing tlie same, and for distributing the Acts and Jour-
^ nals of November session 1823, &c. 8,000

Executive offices, for fuel, stationary, &c. 3,000

Money refunded, for taxes twice paid, &c. 200

Purchasers of non-residents’ lands, 200

Stock subscribed in the Bank of the Commonwealth of

Kentucky, 10,000

Amount expected to be expended, $ 102,500

No. 6.

A Statement of the amount of moneys which, it is expected, will be paid
into the Treasury in the year to end on the 10 th day of October 1824,
subject to the expences of Government, to wit:

The gross amount of revenue collectable by sheriffs,
for the year 1822, and made payable on the first,

Monday in December next, is 87,283 85

The loss on the collection of the revenue
by sheriffs this year, including commis-

THE SENATE. 19

sion for collecting, insolvents, compen¬
sation for killing wolves, and credits by
claims of veniremen and witnesses, re¬
ceived by the different sheriffs in the
payment of the revenue, it is presumed,

will be 20 per cent, amounting so 17,456 77_69 827 '08

Of which said revenue was paid previous to the lOtlr
of October 1823, 989 76

The delinquents on the part of the sheriffs,

this year, it is presumed, will be about 3,000 00 _3,989 76

Which leaves a sum that may be expected, with
some certainty, to be paid fn the ensuing year, of 65,837 32
From clerks, for taxon law process, deeds, seals, &c.
from the secretary of state, for tax on seals, and
from the register of the land.office, for the fees of

office, 11,000 00

Miscellaneous receipts, 100

Non-residents? lands, g 700

From the Bank of the Commonwealth of Kentucky,
exclusive of the Literary 1 * und and the expences
of the institution, 3 g qoo

For Bank Stock Fund, 10 000

Ol the balances stated to be due Government, as in
Statement No. 3, there will be collected, of the
revenue due from sheriffs, 7 333

Of the balaaces due from clerks, there will be col¬
lected, 2,000

Of the other balances no part is expected to be col¬
lected. _

Total amount expected to be received, $134,960 32
i 0 winch, add the balance in the treasury on the
10 th day of October 1823, (Sec note at the end of
Statement No. 1 .) 12 981 87

Grand total, $147,942 19

Balance due from Government on the 10th day of
October 1823, as per Statement No- 4, 11,858 54
Also, amount of Statement No. 5, 162,500 00 — 174,356 54

From which deduct the amount of receipts, &c.. as
above, 147,942 19

Leaving a deficiency in the treasury, on the 10th of

October 1824, of $ 26,416 35

JOURNAL OR

No. 7.

J1 Statement of the situation of the Penitentiary.

MANUFACTURES.

From the 1st of October 1822 to the 1st of October
1823, the Agent’s receipts to the Keeper are—
For blacksmith’s work.

Shoes,

Chairs,

Nails,

Slaies,

Stone,

Cooper’s,

Sundries.

Total amount of Agent’s receipts.
The Keeper consumed, in manufacturing the above
articles, raw materials to the amount ol

Gross profit of manufactured articles,

To which add the amount of raw materials paid for
by the Keeper this year, which were furnished
previous to the 1st of October 1822,

The expencesof the institution are as follows:

For contingencies, including the .pay of guards, turn¬
key, clothing, &lc. 4,485 32

For fuel, 805 61

For dieting, 4,438 24

$ 9,729. 17

The Agent and Keeper’s salaries, com¬
mission, and the pay of ail Assistant
Keeper, 2,829 57-

Nct profits of the institution, for the year ending on
the 1st of October 1823,

THE KEEPER.

He has received from the treasury, for the purpose
of purchasing raw materials, paying debts, &x.
from tiie 1st of October 1822, to the first ol Octo¬
ber i 8 23,

Amount due the Commonwealth the 1st ol Oct. 1822,

THE SENATE.

He has expended, in the same period, as enumerated
above, 9,7 29 17

Ditto, raw materials, 10,999 96 20,729 13

Due from the Keeper to the Commonwealth, on the

1st of October 1823, $1,644 11

There was due to Government, for loans, on the 1st

day of October 1822, 19,006 81

From the above date, warrants have been
drawn on the treasury, for the purpose
of purchasing raw materials, paying
debts, &.c. as stated above, ' 21,070

Ditto, an appropriation last session of the

legislature, 5,000

Also, for the payment, in part, of the com¬
pensation due to the Keeper and Agent, 2,9G8 98
Ditto, to the executors of John B. Wool¬
dridge, late Agent, for commission and

salary due, 93 30—48,139 09

Paid by the Agent to the Treasurer, in the year
ending the 1st of October 1823, to wit: For debts
collected, cash sales made, and for cost and inter¬
est received, 22,221 24

Due Government on the 1st day of October 1823, $ 25,917 85

Manufactured articles sold by the Agent during the

year ending the 1st day of October 1823, $19,981 55

RAW MATERIALS.

Jiaw materials on hand the 1st day of October 1822, 6,237 10

Ditto, purchased from the above date to the 1st of

October 1823, 10,999 96

Total amount of raw materials, $ 17,237 06
Deduct the amount of raw materials consumed from
the lstof October 1822 to the 1st of October 1823, 13,444 26

Leaving a balance of raw materials, on hand the 1st

day of Octpber 1823, of $ 3,792 30

22 JOURNAL OP

TOOLS, &LC.

I he amount of tools and other articles belonging to
the penitentiary, as per report of Keeper, is about
the same as last year, which amounts to

THE AGENT.

There were in the hands of the Agent, on the first day
of October 1822, debts and manufactured articles
to the amount of

Prom that period to the 1st of October I 823, he has
been charged with manufactured articles to the
amount of 25,672 95

Ditto, cost and interest received, same

time, . ins 64-

Total charged,

In the same period he has been credited by costs
paid, discounts made on cash sales, &c. to the
amount of 4,061 83

By money paid into the treasury, 22,221 24-

Balance standing on the Agent’s books, due to the
Government, the 1st of October 1823,

The general account of the Institution , on the ls£ day of October 1823,

is as follows:

CREDITS.

By effects in the hands of the Agent, the above date, 59,641 78

Money in the hands of the Keeper, 1,644 11

Raw materials on hand, 3,792 80

Tools and other articles belonging to the institu¬
tion, 1,770 89

Total credits, $ 66,849 58

DEBITS.

Loans due the State, 25,917 85

Due for a debt contracted by former

Keeper, 9,000 00

Due former Agent, for balance of account, 358 88
Due the Keeper and present Agent, for

compensation, 554,50—35,831 23

Nominal value of the institution, on the 1st day of

October 1823, $31,018 ?’

]

(

THE SENATE. ^

No. 8.

A Statement showing the amount of the State price due for Green River
Lands , and known by the appellation of Head-Right Claims; the
number of white Males over 21 years old , and the number of Chil
dren between 4 and 14 years old, in each County , as per the Commis¬
sioners books, to wit;

I Amount due for
head-right claims.

No. of white
males over 21

Counties,

Children be¬
tween 4 & 14.

Adair,

Allen,

Bourbon,

Bath,

Barren,

Bullitt,

Breckinridge,

Boone,

Bracken,

Butler,

Clay,

Caldwell,

Clarke,

Campbell,

Christian,

Cumberland,

Casey,

Daveiss,

Estill,

Fayette,

Floyd,

Fleming,

Franklin,

Grayson,

Greenup,

Garrard,

Green,

Gallatin,

Grant,

Hardin,

Harrison,

Henry,

Henderson,

Hopkins,

Hickman,

Harlan,

Hart,

JOURNAL OF

Children be¬
tween 4 & 14.

A mount due for | No. of white
head-right claims, males over -21

Jefferson,

Jessamine

Knox,

Lincoln,

Livingston,

Lewis,

Lawrence,

Madison,

Mercer,

Muhlenberg,

Montgomery.

Monroe,

Nicholas,

Pendleton,

Perry,

Pike,

Rockcastle.

W oodford,
Warren,
Wayne,
Washington,

$33,437 34 | 78,643 | 1

itement, No. 8, is taken from the com-
2; the hooks for 1823 are but partially

__i presumed that the larger part of the

be returned until after the adjournment of the le-

P. CLAY, Aud. P.'A.

State of Kentucky, Auditors Office .)

Frankfort , November bln, 1823. $

Total,

Note. —The above btat
missioners’ books for 1822
returned, as yet, and it is

books will not L„-

sislature.

THE SENATE. 25

the following bills were reported, to wit:

EyMr. Williams—1. A bill allowing further time to the Judge
of the 11th judicial district to move into the same.

By Mr. Lyon—2. A bill to legalize the proceedings of the Hick¬
man county court.

By Mr. Ewing—3. A bill authorising a lottery for the benefit
of Hopkinsville Lodge, No. 37; and 4. a bill to increase the pow-
erof the trustees of the town of Hopkinsville.

By Mr. Beauchamp 5. A bill to amend the several acts concern¬
ing champerty and maintenance.

And by Mr. M’Afee—6. A bill concerning county courts.

Which were severally read the first time, and ordered to be
read a second time.

The rule being dispensed with, the first and second were read a
second and third times, (having been engrossed.)

Resolved , That said bills do pass, and that the titles be, respec¬
tively, “ an act allowing certain Judges further time to remove in¬
to their respective districts,”and “an act to legalize the proceed¬
ings of the Hickman county court.”

Ordered , 1 hat Mr. Lyon inform the House of Representatives
thereof.

Leave was given to bring in the following bills, to wit:

J.1. it_ _ i* r»i • » ...... ° . 1

THURSDAY, NOVEMBER 6, 1823.

The Senate assembled.

The Speaker laid before the Senate a letter from the Treasurer,
covering his annual report; which was read as follows, to wit:

STATE OF KENTUCKY, f
Treasurer’s Office, November 4th, 1823.$

Sir:

You will please lay before the honorable House over which
you preside, the enclosed Statement, which gives a concise view
of the situation of the Treasury Department, from the 11th of Oc¬
tober 1822, to the 10th of October 1823, inclusive.

I have the honor to be, very respectfully,

Your obedient, humble servant,

SAMl. SOUTH, Tr.

The Hon. William T. Barry,

Speaker of the Senate.

A STATEMENT

Of Moneys received and paid at the Treasury , in the year commencing
on the llth of October 1822, and ending on the 10 th of October
1823, inclusive; together with the amount of Money in the Treasury
on the 10 th of October 1822.

RECEIPTS.

For amount received on vacant lands 0,191 58
Do. head-right lands, 5,240 14

Do. manufacture of salt, 90 00

Do. Tellico lands, 163 99—14,685 71

Do. penitentiary, 22,727 74

Do. sheriffs, C6,628 17

Do. clerks, 9,437 60

Do. non-residents’lands, 3,019 47

Do. miscellaneous receipts, 176 22

Do. internal navigation, 81

Do. register of the land sales, 2,592

Do. register of the land-office, 1,378 75

Do. treasurer of the town of Columbus, 309 45

Do. dividend bank stock of Kentucky, up to

January 31, 1823, ' 14,917 50

Do. tax on same, 9,222

Mr. C. H. Allen read and laid on the table a joint preamble and
resolution for the removal of the Judges of the Court of Appeals*
And then the Senate adjourned.

JOURNAL OF

Do. Commonwealth^ Bank, July, 1823, 46,403 07

Total amount received in 1323, $ 191,578 74

And in the treasury on the 10th of October 1822, 54,846 22

Total amount, §246,424 96

The following Statement exhibits the amount of Money paid for war¬
rants drawn 071 the Treaswy from the 11 th of October 1822, to the
10 th of October 1823, inclusive.

Amount subscribed and paid into the Common¬
wealth’s Bank as stock:

On account of vacant and head-right lands, 10,500 00
Dividend in Bank of Kentucky, 14,917 50

Drawback on vacant lands,

Loans to the penitentiary,

To the commissioner of the town of Coin
Judiciary department,

Executive department,

Legislature, October session 1822,

Appropriations, same time,

Digest of the Statute Law of Kentucky,

Marshall’s and Littell’s Reports,

Public printing,

Support of lunatics,

Military expences,

Criminal prosecutions,

Commissioners of tax,

Jailers of circuit and county courts,

Clerks of circuit and county courts,

Executive offices,

Sheriffs, for comparing polls,

Purchasers of non-residents’ lands.

Pensioners,

Contingent expences,

Money refunded,

Public communications,

Distributing Acts of Assembly,

Sergeant court of appeals,

Slaves executed,

2,592

00—28,009

24,686

bus,

578

30,003

. 7,279

19,893

35,486

9,1 10

5,511

2,645

19,478

672

13,444

7,505

6,664

8,864

4,0S2

566

300

1,942

245

1,271

2,272

547

2,300

Total amount, § 233,443 09
Aggregate amount of receipts, including money in
the treasury on the 10th day of October 1822, 246,424 96'

Amount of warrants paid, same time, 233,443 09

Cash in the treasury on the 10th of October 1823,, § 12,981 87

2B JOURNAL OF

In pursuance of the law of last session, entitled “ an act provid¬
ing for paying the commissioners under the compact with Vir¬
ginia, I paid over to Henry Clay and John Rowan, Esqs. the
sum of $ 6,000 in specie and United States’ paper, as directed by
said act. To comply with that requisition, I endeavored, dili¬
gently, to supply the kind of funds required, without suffering a
loss to the State, by exchange of the funds in the treasury; and it
would have afforded me great pleasure, to have reported to the
legislature that I had accomplished that object. I was obliged,
however, to raise the sum of $>6000 mentioned in the said act, to
exchange therefor, of the funds in the treasury, the sum of
‘,054 11. The various exchanges, and several rates of ex¬
change, made to accomplish the views and commands of the le-
gislature, on the treasurer, as expressed in the act, may be seen by
reference to the evidences of such exchanges, now in my posses¬
sion. These evidences I shall lay before the joint committee of
both houses, to inspect the treasurer’s office,' and they will be
cheerfully submitted to the legislature, at any time, if required.
Deduct from * 12,901 87

the amount of 11,054 11

Leaves in the treasury the sum of

$ 1,927 76

■i

The foregoing statement is respectfully submitted to the Senate.

SAMl. SOUTH, Tr.

Mr. Ewing presented the petition of William Durrington, a
revolutionary soldier, praying a donation of a quarter section of
land below the Tennessee river.

Mi. Lyon presented the petition of John Anderson, one of the
assistant judges ol Hickman county, praying that an allowance
may be made him for travelling to and from the court-house, in
the discharge of his duties.

Mr. White presented the petition of Joseph Ketchum, praying
that he may be invested with the title to a tract of land lately be-
lohging to Alexander M’Munn, who died without heirs; which
land was bequeathed to the petitioner by a nuncupative will of
said M’Munn,

Mi. M’Afeepresented the petition of Joshua Barbee, executor
of John Barbee, praying that the Mercer circuit court may he
authorised to entertain jurisdiction of a petition for the sale of
certain slaves belonging to the said estate.

Mr. Ewing presented the petition of Sylvanus Lockwood, pray
JP.S to b ® c j!y°. rc ® d iVom his wif e, Lockwood. Also, the pe¬
tition ol Elijah V each, a revolutionary soldier, praying a donation
x)l a quarter section of laud below the Tennessee river.

Wuich were severally read, and referred, the first and sixth to
the committee of propositions and grievances; the second, third

& >■' ■!

und fourth to the committee for courts of justice; and the fifth to
the committee of religion.

Leave was given to bring in the following hills, to wit:

On the motion of Mr. Ewing—1. A-bill for the relief of certain
aliens.

On the motion of Mr. Lyon—2. A bill for the benefit of the heirs
of David Davidson, deceased.

On the motion of Mr. Denny—3. A bill to amend the laws rela¬
tive. to the turnpike road from Louisville to Frankfort.

On the motion of Mr. White—4. A bill to incorporate the Re¬
publican Circulating Library Company.

On the motion of Mr. Rudd—5. A bill to amend the militia laws.

And on the motion of Mr. Carneal—6. A bill concerning wit¬
nesses.

Messrs, Ewing, WicklifFand C. H. Allen were appointed a com¬
mittee to prepare and bring in the first; Messrs. Lyon, M’Atee and
Williams, the second; Messrs. Denny, White, Blackburn and
Flournoy, the third; Messrs. White, Howard and Bowman, the
fourth; Messrs. Rudd, M’Afeeand Williams, the fifth; and Messrs.
Carneal, Flournoy and James Ward, the sixth.

The following bills were read a second time, to wit: 1. A bill
to amend the law concerning champerty and maintenance; 2. a
bill authorising a lottery for the benefit of Hopkinsville Lodge,
No. 37; 3. a bill concerning county courts; and 4. a bill to in¬
crease the power of the trustees of the town of Hopkinsville.

^ 1 he first was committed to a committee of the whole house on
the slate of the commonwealth, for Wednesday next; the second
and fourth were ordered to be engrossed and read a third time,
and the second was committed to Messrs. Denny, Blackburn and
M’Afee.

Ordered, That the public printers forthwith print 150 copies of
the first bill, for the use of the Legislature.

The following bills were reported, to wit:

By Mr. Carneal—A bill for the benefit of the children ofHaiir
nah Porter.

And by Mr. Ewing—A bill for the relief of certain aliens.

Which cvere severally read the first time, and ordered to be read
a second time.

The rule being dispensed with, the former bill was read a sec¬
ond time, and ordered to be engrossed and read a third time.

And then the Senate adjourned.

THE SENATE.

JOURNAL OF

FRIDAY, NOVEMBER 7, 1G23.

The Senate assembled.

Benjamin Duncan, Esq. Senator from the counties of Breckin¬
ridge, Daveiss and Ohio, appeared and produced a certificate of
his election; and having taken the oaths prescribed by law and
the constitution, took his seat.

Mr. Gorin presented the petition of sundry citizens of the coun¬
ties of Warren, Grayson, Hart and Butler, praying the formation
of a new county, out of a part of each.

Mr. Dawson presented the petition of Lydia Smith, praying
the remission of the State price on 200 acres of land in Warren
county.

Which being received, were severally read and referred, to the
committee ofproposilions and grievances.

Mr. M’Afee, from the committee to whom was referred the con¬
tested election of Thomas D. Ovvings, made a report, which was
committed to a committee of the whole house on the state of the
commonwealth, for to-day.

The Senate, received from the Governor, by Mr. Secretary
Monroe, a message in writing. The rule being dispensed with,
it was taken up and read as follows, to wit:

Gentlemen of the Senate,

and of the House of Representatives ,

I lay before you the Report of the Commissioners appointed to
appear, on the part of this State, before the Board of Commission¬
ers expected to have been organized in conformity to the Conven¬
tion which had been concluded between the Commissioners of Vir¬
ginia and this State; together with the Resolution of the Legisla¬
ture of that State, communicating to this Government, that they
had refused to ratify that Convention. Those papers require
from me no commentary; but I cannot, injustice to Kentucky, nor
to my own feelings, which are believed to be in unison with those
of the community, omit also to transmit the “ Vindication” of our
Occupying Claimant Laws, contained in the petition alluded to in
the Report, and. which has since been addressed to me, and through
me, to the People of Kentucky, whom you represent. This, doc¬
ument, manifestly the production of great intellect and laborious
research, not only establishes the compactionality of those laws,
but successfully vindicates Kentucky’s integrity in faith, and just¬
ness in policy. It is therefore submitted, that it may be incorpor¬
ated in the records of that body, whom it defends, as a perpetual
testimony to the world and posterity, of its uprightness. The dis¬
tinguished authors of this document cannot, fail to find their re-

I THE SENATE. 31-

ward in approving consciences, for not only this act, but for their
patriotic and unceasing efforts to sustain the rights of our State;
nor can a just people withhold their applause. Whatever may be
the result of the present crisis, those patriotic, counsellors, who,
on all questions, in every form, have been found the advocates of
the rights of the people, must be rewarded by the gratitude of
their country. Notwithstanding the failure of this mission, our
counsel unquestionably deserve our approbation, for the very
prompt, able and faithful performance of all that could be done.
To make an allowance proportionate to the importance of the occa¬
sion and the eminent talents employed, will be our duty.

With due respect, yours, &c.

JOHN ADAIR.

November 7, 1823.

REPORT.

THE undersigned, appointed by the General Assembly, Coum
sel to represent this State before the B ard of Commissioners
which was expected to be organized at the City of Washington,
in January last, in conformity to the Convention which was con¬
cluded and signed by the respective Commissioners of the States
of Virginia and Kentucky, on the 5th day of June 1822, have the
honor now respectfully to report:

That on considering the duties incident to their appointment,
it appeared to them, that if they remained in Kentucky until the
decision of Virginia, on the Convention, was communicated to the
Governor of Kentucky, if that decision were in favor of its ratifica¬
tion, there might not be time for them to reach Washington, so as
to afford the requisite co-operation in the constitution of the pro¬
posed Board, by the day prescribed in the Convention; and not
doubting that Virginia would ratify the solemn act of her own
Commissioner, to which the General Assembly of Kentucky had
promptly yielded its assent, the undersigned determined, shortly
after the close of the last session of the Legislature, to proceed,
without delay, to the City of Washington: That accordingly they
arrived there some days before that which was assigned for the
assembling of the B8ard, thus manifesting a ready disposition to
execute, in good faith, on the part of Kentucky, a Convention
which had been concluded and ratified by it in good faith:'
That, greatly to their surprise, they there learnt that dilliculties
existed at Richmond, about the ratification of the Convention;
and that, although the Blouse of Delegates of Virginia, by a large
majority, had resolved to approve and execute it on the part "of
that State, its fate in the Senate, the other branch of the General
Assembly of .Virginia, wans extremely doubtful: That the delib¬
erations of this body were long protracted: the Senate disagree¬
ing in opinion with the House of Delegates, an unavailing attempt

32 JOURNAL OF

was made, to reconcile the two branches; and it was not until the
18th of February- last, several weeks after the'Board should have
been organized, that the final decision of Virginia was made, to
reject the Convention: That this decision was communicated to
the undersigned, some days after, and may be seen in the paper
which is hereto annexed, marked A: That during the continu¬
ance of those deliberations, they thought it their duty to remain
at their post, and thus to exhibit to the world, a furtherproof, that if
what had been conceived and agreed upon in a spirit of concord
and concession were not carried into complete effect in a similar
spiri t, the fault was not on the'side of Kentucky.

That the honorable Jacob Burnett, having accepted the ap¬
pointment. of Commissioner, conferred upon him by Kentucky,
proceeded to Washington, and arrived some days before the one
fixed for the assembling of the Board, and continued thereuntil
the decision at Richmond was known: That they would suppress
their feelings, if they did not make this public acknowledgment to
, 1 gentleman, for the promptitude with which he repaired to
that City, under circumstances, at that inclement season of the
yeai, ol great personal suffering and inconvenience, and for the
patience with which he remained until the pleasure of Virginia
was known. That the honorable Hugh L. White, for reasons
which the General Assembly will deem satisfactory, declined ac-
rep mg the appointment oi the other Commissioner; but the un¬
dersigned were always ready, in execution of the power with
which they had been invested, to supply, without loss of time, the
vacancy which they regretted had been thus created.

That alter the fate of the Convention at Richmond was known
at V> aslungton, the Supreme Court of the United States delivered
its opinion and judgment on the Occupying Claimant Laws, the
validity of which was involved in the cause of Green and Biddle:
that they were delivered by Associate Justice Washington, in a
Court composed of four Judges, the Chief Justice and Associate
Justice 1 odd not having sat in the cause, and Associate Justice
Livingston being confined by extreme indisposition: That noon
observing that a division in opinion existed among the Justices who
■constituted the Court, an inquiry was made Try the undersigned,
whether Mr. Justice Livingston had formed and expressed an
opinion in the case; to which Mr. Justice Washington answered
thas he did not know what his opinion was, if he had made up one.

and Mr. Justice. Johnson added, that the decision was that of three
to one.

That when the determination of the Court was thus announced
believing it to be erroneous, the undersigned resolved to make an¬
other ellort to sustain those Laws, of the validity of which, they
count not yet doubt, after the most respectful and deliberate con¬
sideration of the argument of the majority of the actual Court:

THE SENATE. 33

That they accordingly prepared, with great labor and as much care
as the limited time would admit, a respectful petition to the Court,
praying a re-hearing of the cause. When they presented this pe¬
tition, the Court manifested a decided repugnance, even to receive
and read it; Mr. Justice Story stating, that he could not conceive
it possible, that his mind could be further informed on the subject.
A majority of the Justices, however, decided to take the petition
and read it at their chambers. It was returned the next morn¬
ing, with an intimation from the Court, that it had produced no
chahge in its opinion.

That the Treasurer paid to the undersigned the sum of $ 6,000
in specie, in pursuance of provisions made by the General Assem¬
bly for that purpose. Of that sum they have expended, in pay¬
ment to Judge Burnet, for bis travelling allowance and compen¬
sation for his attendance at Washington, the sum of $ 744, as will
appear by the receipt annexed, and designated B. That $ 5,256,
jhe residue of the sum advanced, remain in their hands, subject to
the order of the General Assembly. They have returned no part
of it to the Treasurer, because no law or order indicated that to
be their duty.

All which is respectfully submitted.

H. CLAY,

JOHN ROWAN.

Frankfort, November 4th, 1823i

1 HE General Assembly of the Commonwealth of Virginia,
having, by an act of the last session, appointed Benjamin Watkins
Leigh, Esq. a Commissioner to wait on the Legislature of Ken¬
tucky, to invite their attention to certain claims of the Officers,
Soldiers, Sailors and Marines of the Revolution, belonging to the
Virginia Line, and to askofthe said Legislature, provision bylaw
for the satisfaction of those claims; or, if that were not granted,
the organization ot a Board of Commissioners, in conformity with
the 8th article of (he Compact between the two States, for the pur
pose of deciding all matters in controversy between them:

1 he Legislature ol Kentucky having declined to make the legal
provisions asked of them; but having consented to organize a
Board of Commissioners lor the purpose aforesaid, and appointed
Henry Clay, Esq. a Commissioner on their part, to arrange with
the Commissioner on the part of this Commonwealth, the terms on
which said Board should be constituted:

I he said Commissioners having, on the fifth day of June, in the.
year 1822, entered in(o a Convention for the organization of the
said Board, and agreed on certain contingent articles in relatioa
thereto, reserving to their respective Stales the right of ratifying
or rejecting them;

/ 75 ^«

34 JOURNAL OF

The Convention and Contingent articles aforesaid having been
ratified by tiie Legislature of Kentucky; having been laid before
the General Assembly, and most attentively and respectfully con¬
sidered; having been approved by the House of Delegates, and
sanctioned by a bill passed in thqt House and sent to the Senate
for concurrence; but not having been sustained by the Senate,
because, after much deliberation, they deemed the contingent ar¬
ticles aforesaid inadmissible; and they having amended the said
bill, so as to- reject them; by reason whereof, and of the inability
of the two Houses to agree on the subject of said amendment, the
bill aforesaid hath been rejected, and the Convention, with the
contingent articles aforesaid, have not been ratified by the Gener¬
al Assembly:

And the General Assembly deeming it respectful and fit that the
result of their deliberations on this subject should be officially com¬
municated to the Government of Kentucky, accompanied by an
avowal, that their sincere desire to maintain unimpaired the
friendly relations which have hitherto subsisted between the two
States, inspires a hope, which ought not to be suppressed, that fu¬
ture Legislatures of this Commonwealth and Kentucky may be
more successful in arranging the terms on which the matters in
controversy can be finally and happily adjusted between them:
Therefore,

Resolved , That the Executive of this Commonwealth be request¬
ed to communicate to the Government of Kentucky, that, for the
-causes above explained, (he Convention and contingent articles
agreed upon as aforesaid, have not been ratified by the General
Assembly; and to express the deep regret of this Assembly, that
a difference of opinion, as to the means, should have rendered un¬
attainable, at this time, an object of so much interest; and to de¬
clare their anxious hope, that the wisdom and good dispositions of
future Legislatures may yet succeed in removing all causes of dif¬
ference between two States whose interests and sympathies
should bind them together by the strongest ties.

Agreed to by the Senate and House of Delegates of Virginia.

February 18th, 1823.

Wm. MUNFORD, C. H. D.
(B.)

Allowance for travelling to and from the City ofWashing-

ington, 1120 miles, 44C

Thii tyjseven days’ attendance at the City of Washington, 296

$ 744

Washington City r , February 27th, 1823—Received of Henry-
Clay, Esq. seven hundred and forty-four dollars, in full of the
above account; it being the compensation allowed,by the Common¬
wealth of Kentucky to the Commissioners under the Convention
with Virginia. J. BURNET.

THE SENATE.

■

HIS EXCELLENCY JOHN ADAIR,

GOVERNOR OF KENTUCKY.

Dear Sir:

THE freedom of this address to you, if it needs any
apology, will find it, in the extent and depth of the interests which
Its subject-matter involves and the exalted posture which you so
justly occupY, in relation to the public interests. There is cer¬
tainly no topic so interesting to the people of Kentucky, as the va¬
lidity of those laws which furnish to them that hope of reward,
which sweetens labour. Of the same interesting, character are
those larvs, which, while they tend to silence litigation by limiting
the period within which it may be reasonably indulged, give re¬
pose to occupancy and thereby furnish incentives to industry. Of
this description arc the occupying claimant laws of this state, and
fhe laws of limitation in relation to real actions. The Supreme
Court of the United States, at its last term, in the case of Green
vs. Biddle, has expressly declared the former to be impactional
and void, and virtually , as I apprehend, uttered the same sentiment
in relation to the latter. This opinion was delivered towards the
close of the term, and about the time at which it was ascertained that
Virginia would not affirm the arrangements which she had, by her
authorised agent, made with Kentucky, for the final adjustment
of those interresting topics, by a tribunal of the compact.

Whether Virginia found a motive for the strange and unprece¬
dented capriciousness of her conduct in this particular, in the an¬
ticipation of what would be the opinion of the court, it is not for
me to conjecture. Judges Washington, Johnson, Story and Du¬
val composed the court, when the opinion was delivered. Judge
Johnson dissented. The Supreme Court consists of seven Judg¬
es-—Three of the seven, a minority of that tribunal, have declared
those larvs to be Unconstitutional and void. As soon as a copy of
the opinion could be procured, (and it could only be obtained up¬
on the express condition that it should not be published,) the fol¬
lowing petition for a reconsideration of the case, was drawn up
and presented. The Court would not hear it read, and it was
with great apparent reluctance, that Judges Washington and Du¬
val agreed to take and read it in their chamber. Judge Story
would not assent to even that measure. Judge. Johnson was
throughout favorable to the application. Itwason-a subsequent
morning overruled. It is now published in the confident expec¬
tation that it will receive from your excellency, and through you,
from the good people of this state, a more gracious reception, than
it experienced from the tribunal to which it was presented. It
will experience also, it is hoped, from those to whom it is now sub¬
mitted, that kind indulgence which its many imperfections may

36 JOURNAL OF

need. 'Flic late period of the. term at which the opinion was pro¬
nounced, the uncertainty of the time at which it would close, and
the zeal which was felt to avoid, if possible, the calamity which
it was likely to inflict, imposed upon the writer a haste , which,
combined with other unpropitious circumstances, forbade him to
bestow upon the subject that leisure and attention, which are ne¬
cessary to the exhibition of important matter, in an ornate and pol¬
ished manner. Cases are now depending before that court, invol¬
ving the validity ofthe replevin laws, the valuation law, and the
law abolishing imprisonment for debt, together with the validity
of the laws of limitation in relation to real actions, so that in fact,
almost all ofthe sovereign power not denied to this state in the
opinion above alluded to, is awaiting its fate upon the docket of
that court. I remained at the City of Washington until the expi¬
ration ofthe term, in the view to vindicate the validity of those
laws, to the extent of my feeble powers, should (he causes involv¬
ing them be reached by the court in its progress on the docket—
But they were not reached.

I he occupying claimant laws, and the laws of limitation in re¬
lation to real actions, were exacted by the circumstances and con¬
dition ofthe country, and the nature and character of the very
numerous conflicting claims to the lands therein. They were
alike necessary to its prosperity and repose. What is now to be
done? Are they to be abandoned, and if they are, what is to be
substituted? Can the country do without them, or some equiva¬
lent provision? Must every enactment by this stale in relation to
those interesting subjects, be void or valid, as the Supreme Court
o( the United States shall ordain? These, sir, are questions of in¬
finite importance which the existing stale of things present for
your deliberation, and that of the people of Kentucky, over whose
interests you preside. That they may receive that attention, and
experience, seasonably, that calm deliberation, which their intrin¬
sic importance, and the circumstances and condition of the coun¬
try would seem to require, is the ardent wish of your obedient
servant, and personal friend,

JOHN ROWAN.

Louisville , April 20, I 823.

^ P. S. This publication is made without the knowledge of Mr.
Clay. That gentleman has not yet returned to Kentucky, and 1
have not had an opportunity, since my retain, of consulting him
on the subject. J. R.

THE PETITION.

The undersigned would most respectfully solicit the Court to
reconsider the case of Green and B i cl die.-—They are aware that
this case has already experienced the special indulgence of the

THE SENATE.

3 T

Court- and they would not again attempt to obtrude it upon their
jn consideration, if they had not the most unqualified conviction, that
the interpretation given to the 3rd Article of the Compact between
Virginia and Kentucky, in the opinion pronounced in that case, is
(they would express it with much deference,) misconceived and
erroneous; nor would they, if the effects of this misinterpretation
| WC re, in this, as in common cases, limited to the particular case,
$j have presumed again upon the time and patience of the Court;
II hut its effects are likely to be co-extensive with the state, and af-
a Hiding beyond all parallel.

They, therefore, solicit the patient attention of the Court, while
|they attempt, with the utmost practicable brevity, to exhibit what
they conceive to be the true construction of that Article of the
' Compact. That compact, like all contracts, can only.be obliga¬
tory to the extent of the will of the contracting parties expressed
, therein, or to beinferred therefrom; for it is asettled principle as
; well in municipal, as natural and moral law, that volition is the
U only true basis of obligation. When the words of a contract do
| not express clearly and explicitly the will of the parties in rela-
| lion to the subject-matter thereof, it is to he ascertained by con-
,1 struclion. In this process all the parts of the contract are to be
considered together, and the import of the words employed there-
'/$ in to be explored with any eye, not only to the canons of grammar
1 and philology, but to the nature of the subject-matter , and to th«
M character and condition of the contracting parties. By ascertain-
"> ing first, the great leading object ofthe parties, the end, at which
ft hey aimed in the contract, we are enabled to assign to the sub¬
ordinate subjects embraced by its stipulations, each, its true re¬
lative subsidiary posture, and thereby avoid lhat confusion of sub-
■jects, and of ideas, which is but too apt to display its wildering*
■ influence in the process of construction, especially in matters of

H complicacy.

The great leading object contemplated by the parties to this
1 compact, was the erection ofthe District of Kentucky, then a pon-
1 lion of the territory ofthe state of Virginia, into a sovereign and
$ independent state. The compact purports to contain the terms up-
« on which Virginia and the District of Kentucky, the parties there¬

to, assented to that object.

The first article contains a delineation of the boundaries ofthe

proposed state.

The second consists of pecuniary stipulations exclusively.

The third is in the following words, viz. “ That all private rights
and interests of lands within the said district, derived from the laws
of Virginia ,prior to such separation, shall remain valid and secure
under the law's of the proposed state, and shall be determined by
i'helaws now existing in this state,”

38 JOURNAL OP

Fourth, “ that the lands within the proposed state, of non-resi¬
dent proprietors, shall not in any case be taxed higher than the
lands of residents, at any time prior -to the admission of the propo¬
sed state to a vote, by its delegates, in Congress, when such non-res¬
idents reside out of the United States, nor at any time either be¬
fore or after such admission, where such non-residents reside with¬
in this Commonwealth, within which this stipulation shall be re¬
ciprocal; or where such non-residents reside within any other of the
United States, which shall declare the same to be reciprocal with¬
in its limits; nor shall a neglect of cultivation or improvement of
any land within either the proposed state, or this Commonwealth,
belonging to non-residents, citizens ofthe other, subject such non¬
residents to forfeiture or other penalty, within the term of six years,
after the admission of the said state into the Federal Union.”

The court, in forming the opinion, seem to have confined their
attention exclusively, to the provisions ofthe 3d article, and to
have drawn all their arguments from what they conceived to be the
legal import ofits phrases. The undersigned would most respect-
fullysuggest the propriety, and even necessity, of considering, at
least, the 4th, in connection With the 3d article, in order to ascer¬
tain by construction, the true meaning of the latter. Under the
conviction that the consideration ofthe true import of the 4th is ne¬
cessary to the just interpretation of'the 3d, the two have been
herein above, literally transcribed.

In construing the 3d article, the first inquiry to be made is.
what did the parties to this compact, mean by the provision that
all private rights and interests of lands within the said district, de¬
rived from the laws of Virginia,prior to such separation, shall re¬
main valid and secure wider the laws of the proposed stale, S/c ? In
order to be enabled to answer this question Satisfactoriaily, we
should examine the laws referred to in the article itself, by the
words derived from the lazes of Virginia. And here we beg leave
most respectfully to protest against the sentiment ofthe court, that
the common law of England, is to be understood as part of those
laws of Virginia, whence the rights and interests of lands, in the
then district, were derived. Because 1st, no rights or interests of
lands in Kentucky originated in the common law ofEngland, and
if they did not originate in the common law, they cannot be said
to have been derived from it; and next, because the words u laws
of Virginia ” do not, ex vi terminorum , include the common law of
England. On the contrary they exclude that law. We are aware
that the common law ofEngland, and the British statutes enacted
in aid thereof, before the 4th year of King James the first, were
introduced into the state of Virginia by an ordinance ofthe con¬
vention of that state in the year 1776. The common law of Eng¬
land and the British statutes had, after the creation of the ordi¬
nance and bv virtue thereof, force in Virginia, not under the do¬

ll-

(

'Tl:

tli

Si:

si:

Sll

til

(’■

THE senate:

esi-
the
po
res-
be-
ith-
re-
the
th-
: of

1th,

on-

irs,

eir
l to
:he
ct-
at
er-
he
se¬
en

is,

rnt

he¬

re¬

iat

»se

li-

domination of the laws of Virginia, but under the denomination of

the common and statute law of England. They were not either
in common parlance, or in the language of judicial decision, desig¬
nated as the laws oj Virginia. They arc not so designated in the
ordinance above referred to. The successive revisals of the Vir¬
ginia' laws contain only the statutes enacted by that state, and
they are denominated by the legislature, the bar, and the courts
of that state, the revisals of the fows of Virginia; for instance, the
(Chancellors revisal of the laws of Virginia. The laws, then, re¬
ferred to in the 3d article of the compact under the denomination
of the laws of Virginia, whence the rights and interests of lands
therein mentioned, are stated to be derived , were not, we must
again respectfully urge, the common or statute law of England.
They were those statute laws of Virginia, under, and by authority
of which alone, rights and interests ofland, in the then district of
Kentucky, had accrued.

The lirst law under which any claim was asserted to land in the
district of Kentucky, is an act of the Virginia legislature, passed
in the spring of the year 1779, and is known in Kentucky, at this
day, by the appellation of the land law of \ irginia. All the rights
which existed to lands in the district of Kentucky, at the dale of
the compact, were derived from that law, and a few subsequent
subsidiary enactments by the legislature of that state. Under that
and the subsequent laws of Virginia upon the same subject, the
lands in the district of Kentucky, had been brought into market,
and there existed at the date of the compact, under those laws,
an infinite number of claims to land in that district—claims to
more than three times the quantity of all the lands in the dis¬
trict.

The rights under which those claims were asserted, were almost
as various in grade and character, as they were numerous.—There
were proclamation rights, military rights, settlement rights, pre¬
emption rights, village rights, poor rights, treasury rights, &o. &c.
In the preamble to the act of 1779, to which reference has been
made, there is, among other matter, the following recital, viz:

And it is necessary for the public weal, that some certain rules
should be established for settling and determining the rights to
such lands and tixing the principles upon which legal and just
diaimers shall be entitled to sue out gra7ils. v —See 1 Litt. p. 392.

In this recital, the legislature most certainly employed the
word rights to import something less than an absolute title, with
which, under the name of grant, that word is contrasted. The
1st section of the same article, contains a recital of several of
the rights above enumerated, in none of which can that word*,
(rights) be understood, without doing violence to the explicit
meaning of the legislature, to mean a consummate title, a grant.
•The following are some of the closing expressions of that section:

40 JOURNAL OF

“ All persons claiming labels upon any of the before recited rights
■and under surveys made, &.c. &c. shall, upon the plats ami certifi¬
cates of such surveys being returned into the land office, together
with the rights, entry, order, warrant, &c. be entitled to a grant
or grants for the same.”* Here likewise, the word rights is de¬
fined to mean an inchoate claim to land, a claim in degree, lower
than that by grant. In the 2d section of the same article, which
is in the nature of a proviso to the first, the word rights is em¬
ployed in the same sense. Fn the 3d section of the same article,
the words rights and grant, are employed by the legislature with
the like contrasted import, viz; ‘-Rights to mean an imperfect, a
qualified claim; grants to mean a perfect and absolute title.”!
In short, throughout the whole of that article, and the subsequent
enactments, (and they, it is repeated, are the only laws under which
rights and interests of lands in Kentucky originated) those
words are employed to designate, indiscriminately, every grade
of claim to land, except that by grant. The incipient right, of
whatever character, settlement, pre-emption, village or treasury, is
merged in the warrant; that is, merged in the entry, and that in
the survey, and the survey in the grant. The character of the
incipient right is defined in the warrant, preserved throughout
each successive grade, and impressed upon the grant, in which,
being consummated, it is merged.| But the grant is no where
throughout those articles, pointed at or designated by the term
rights or interests.§ There is a provision in the act of 1779,
to which reference has already been made, in relation to foreign¬
ers or aliens, calculated, it is believed, to throw some light upon
this subject. It is in the following words: “All persons, as well
foreigners as others, shall have right to assign or transfer warrants
or certificates of survey for lands; and any foreigner purchasing
lands, may locate and have the same surveyed, and after return¬
ing a certificate of survey to the land office, shall be allowed
the term of 18 months, to become a citizen, or transfer his right
in such certificate of survey to some citizen of this, or any other
ol the United States.”|| So that aliens could have rights and in¬
terests of lands in the district of Kentucky; but they could not
have absolute title thereto, while they remained aliens; and 18
months were afforded to them, to become citizens, and consum¬
mate their right ■. in grants; or they might transfer their plats and
certificates of survey to citizens, who could obtain grants thereon.
So far as the claims to land consisted in rights and interests of
lands, according to the statutory meaning of those words, aliens
and citizens occupied the same ground, enjoyed under the statute
the same faculties of appropriation, but no further. Aliens could
not possess more than an inchoate title. It w r ou!d seem, therefore,
very clearly, by reference to the only laws of Virginia, from which

Litt. 393. t 1 Latt. 394, 10. Ljtt. 408, 10, U Litt, 414, 15. ||lLitt. 415.

THE SENATE. 41

riglits and interests of lands in Kentucky were derived that the
Hghts and interests meant by the 3d article of (he compact, were
not those, winch, by the operation of the common law of England
result or flow from the land to the person who has the complete le¬
gal title thereto. But they were inchoate rights, existing in the
' person, who possessed a warrant, an entry or survey, to (lie fends
embraced therein; and not flowing from the lands to him. It is

therefore evident, that aliens could have rights and intern t of

lands in the district of Kentucky, derived from the laws of Vir-
i gima; and it is not less evident, that neither the common nor stat¬
ute law of England, formed any part of those laws of Virginia,
from which these rights were derived to aliens. For those
laws, so far from conferring, by their operation, rights of lands up-
, on aliens, disqualified aliens from possessing those rights: and as
no distinction is made by the statute, between citizens arid aliens,
as to their possession, or their capacity to possess and transfer those
rights of lands; and as the common law negatived their possession
■ by aligns, and could not create and confer them upon citizens, it
would seem to follow, very obviously, that the rights of both were
derived from the same laws; the statute laws of Virginia, exclu-
;) sively; and as obviously that the rights and interests of lands
mentioned in the 3d article of the compact, were of the inchoate,
imperfect sort, meant by the legislature in its use of the same
I wo™ 3 ! 111 relation to aliens and citizens indiscriminately. The
| faculty of transfering them, given bv the laws which created
f them, to those who possessed them, merely by endorsement, would
.jSeem to indicate that they were rights that savored more strongly
oi the personalty than the realty; that they were rights to the
Hand acquirable, rather than acquired rights. The warrant, the
■location, anfl the survey were all righfs oflaml, ofdiflferent grade,
‘jgiving to the owners an interest in the land, commensurate with
•this grade of right, which interest might be considered as hearing
. the same relahve proportion to that of an absolute title, which
■ the agency producing that grade of right, would he considered to

ChT'm t r Wll r° ?crR ' s of ;' rts ajid expenditures, necessary to
IT 10 obtention of a grant. But these rights and interests were
.contingent; they depended upon the inclination and rapacity of
, tieir owners to carry them into grant, and upon their exe rting
that inclination and capacity, within the period and conformably
P to the modes prescribed by the statutes. J

B, be , confidently asserted, that five-sevenths of all the claims

1 - to lands in the district of Kentucky at the date of the compact,were
of this inchoate and imperfect sort. At that period grants had is-
sued tor but a very snial! portion °f the lands in Kentucky, and
these had been obtained chiefly by non-residents, who had', with¬
out coming to the country, (a matter not in those days vastly se-
r hired the .entering and surveying of their lands. They pos-

42 JOURNAL OR

sessed the means of defraying the expenses incident to the most rap¬
id practicable process of appropriation, and they availed them¬
selves of those means. When we enquire what would have been
the fate of these imperfect claims, these rights and interests o
lands in the district of Kentucky, upon the unconditional erection
of that district into a state, we will find the motives which in¬
fluenced Virginia to exact from Kentucky the stipulations con¬
tained in the 3d article of the Compact. These rights must all
have perished; Kentucky, without that stipulation, would have
been under no legal or political obligation to preserve them,
to enact laws for their effectuation; on the contrary, she might
have felt a strong disinclination to do so. Without the provisions
of that article, Virginia would have been liable, to that host ot
claimants for whose rights she had made no provision; and me
more so, when it was considered, that she had sold rights to more
than three times the quantity of land she possessed in the district;
and after having done so, had permitted the very lands which she
had thus thrice sold to be melted down into vacant lands in ordei
to swell the domain of the proposed state. .

Virginia had, therefore, a double motive to exact from Kentucky
a stipulation for the validity and security of those rights: 1st, iiei
own aggravated liability to the claimants; and next, a sense ot
common justice, not only to the claimants, but to her own reputa¬
tion. Those rights of land, being statutory existences, unknown
to, and unprotected by the common law of England, dependent

solely upon the code in which they originated, for their protection
. 1 . , 11 • • _ r il. i. /-vl <hp mm-

illation. There could be no motive on the part ot v u gmm,
maud it in their behalf. The import of a patent for land
the seal of sovereignty, and the laws of its nature and con
tion, were known and recognized throughout the civilized ’
It could not decently have been predicated by Virginia ot
tucky, that she would violate the sanctity of the gicat
that'she would outrage those tenures of real property,
all the world besi.de, acknowledge, reverence and mai
which war in its most frenzied mood, would not violate
-which even lawless and triumphant invasion had always foi

to profane. .

Besides, the constitution of the United States had been 1
and adopted. It existed propriovigore, and had superadded
security which patent tenures possessed in the universal sen
of civilized man, the protection of its impenetrable JEgis. iv
illations of the pactional sort, which Virginia and Ket

, ,

■-( *

44 JOURNAL OP

rights and interests of the lands, would have consisted inthesur
ve s, and would have been liable to forfeiture if the plats and cer¬
tificates thereof had not been returned to the Register’s oflice, and
the fees paid thereon within the prescribed time.

The Virginia legislature passed an act in the same year, au¬
thorising the county courts to make an order upon the surveyors
of their respective counties, to lay off and survey for poor persons
of a certain description, a tract of vacant land, not to exceed 400
acres for each person; for w hich such person was to pay, within
two and one half years, twenty shillings per 100-acres, in specie;
and the following is the phraseology of so much of that act as re¬
lates to the non-payment thereof: “ And in default of making such
payment, all right and interest to such surveys shall be forfeited.”
[1 Lilt. 431.] These were poor rights; and in this class, the right
and interest consisted in the survey, in the two last recited acts,
the words, rights and interests, are employed by the legislature of
Virginia, in the same collocative association, in which they are used
in relation to the same subjects, in the 3d article of the compact.
In these, as in all the law r s of Virginia under which claims could
exist to lands in Kentucky, those words are used in the same sense
—to designate the grades of inchoate rights, as they existed in
warrant, in entry, and in survey; but never in relation to the
land, as importing its identification with the technical or common
law meaning of those words.

T oen, we think, with great deference, that in construing the 3d
article of the compact, and particularly in searching for the mean¬
ing of the w'ords, private rights and interests of lands, it could not
have occurred to the court, that the very laws under which those
rights and interests had arisen, and by which they had been cre¬
ated. had defined them to mea.n any thing else than land, patent¬
ed land; had defined them to mean every kind of right to land,
except that by grant or patent; had defined them to mean the in¬
cipient, and all the advancing grades of right to land, but not
the ultimate and consummate right by grant.

Having ascertained, from the law r s under which alone the lands
in Kentucky could be appropriated, that the words, private rights
and interests of lands, did not mean the land itself, nor the rents,
profits and issues thereof, nor patents or grants- therefor; that the
fee simple title to at least five-sevenths of it, was, at the date ofthc
compact, in the Commonw r ealth of Virginia, and passed from her
toKentucky, upon its erection intoa State; we proceed to enquire
into the meaning of so much more of the 3d article as relates to
the validity .and security of those rights and interests which were
derived from the laws of Virginia. The words are, “ and shall re-
jnai valid and secure under the lares of the proposed: Stated ’ What
was to remai valid and secure? Not the lands; that would be an
outrage upon all the proprieties of speech, a violation of the con

THE SENATE. 4 3

„rui>fes. If the lands, by a figure of speech, were meant here, by
the words, rights, &c. the figure would outrage the truth of the
case- because live-sevenths of them had not been secured—were
insecure; and the meaning could not be, that, thatwhich was m-
secan should remain secure, and that, that which was invalid should
remain valid. But the inaptitude of this exposition is more glar¬
in' 1, when it is supposed that the land should remain secure and val¬
id to those private persons who had not secured them, and might
never do so, under any circumstances, however auspicious.

It can with as little propriety be interpreted to mean the rents,
profits or issues of wilderness lands, in their forest state, unreduced
to -icoltivatible condition. What, then, it may be again asked, is
the meaning of this clause of the stipulation? When we consider,
that (he rights and interests of lands which were to remain valid
and secure, were to remain so under the lazes of the propuserl State-,
that those rights were inchoate, and would require the legislative
enactments of the proposed State for their effectuation; that they
could not exist, after the sustaining energies of their parent code
should be withdrawn, without the legislative protection and assis¬
tance of the proposed Slate; still less could they advance to their
consummation in grant, without that protection and assistance;
we become satisfied the meaning evidently is, that the proposed
State obliged herself, by this stipulation, to furnish, by her enact-
merits, the necessary facilities to the effectuation of those inchoate
rights. Such enactments on the part of the proposed State, were
essential to their validity and security; for Virginia, after the erec-
I tion of Kentucky, could do no act, by which their validity apd se-
] curitv could have been promoted, or permanency thereto afforded.

Having ascertained, as we believe, the laws from which the
rights and interests of lands in Kentucky were derived, and there¬
by ascertained the meaning which those words were employed, in
the 3d article of the compact, to convey; and having ascertained
the character of the laws of the proposed State, under which they
were to remain valid and secure, (that is, were to be piotected and
effectuated,) it remains, that we enquire into the third and last
clause of that article: “ And shall he determined according to the
laps now existing m this Slate.”

Some difficulty, it is acknowledged, presents itself in disposing
of this adverb, “ now.'" Is it to be construed to mean the period at
which the compact was made, which was the 18th day o 1 Decem¬
ber 1789 ; or the period at which the District of Kentucky was
erected into a State? According to either, or any meaning which
the word will bear, in the connexion it holds with the words with
which it is here associated, there is much difficulty. That diffi¬
culty, however, is unimportant, as will be shown hereafter, to the.
main object of this discussion.

be construed to import the time at which the compact wa
then us operation would be to destroy a very great proper
those very rights of land, which it was ^object5 {£
of the compact to preserve secure and valid; for' at the date
compact, the law under the authority of which alone lot
f land could be surveyed, was about to expire; and in that

A nrt ti l 68 wh ' cll , had not been surveyed, would be for-
And the law which authorised the register of the hud
o receive and record plats and certificates of trvey ,vas
ort y about to expire; and in that event, all (he surveys

"entries 1™ “• A -Setter

l n , , expire with it.

ued by the le-
session, in 1790; the first, for two
"* 3 * The second was afterwards
irginia, at its session ip the
construed to mean
bsequent enact-
import,
I, which
preserve,

>, i f the word now bo
une 1792, when the new
— /e enactments of the
me for surveying, and for re¬
survey to the land-office, expired
-■■y, by various suc-
'—b purposes; for
returning plats and
•twentyyears; yet those
'g in Virginia; nor were
nterpretations of the word
canons of construction forbid its
i seems to be great dif-
greatly the largest portion
Those forfeit-
- same subject,
together with this article and the
bject. They are in pari materia.

must

wnii he entries upon which they had been made,

Irishture' fV' 0 ’-'- ^ otl1 these laws were contin

gi.slatuie of Virginia, at its next sc3~ : -“ ' -

years; the second, for nine months.

v^r n | 7 °Q n i tin r Ue f b} ' tllC lfi § is ! ature of Virginia,
uf t . 1791 ' fo [ U ]'° y ears - But if it should be
the time at which the compact was made, these sul
merits, prolonging the time, would, being in vioJalionTfu

tha a‘ iclebUhe 6 “? r i* hf,, “ d ofjand

h ** ^

Nearly the same results present themselves,
construed to mean then, viz. the lstofJr
btate went into existence; because the abov
V irginia legislature, prolonging the ti

turning plats and certificates of r;_

in that year; and although the State of Ken tuck
ces^ve enactments, prolonged the periods for both
that of surveying, for six years, and for that of
certificates ol survey to the land-office, for
laws of prolongation were not laws existin,
they existing laws, under either of the i

now. It cannot be rejected; the c.

rejection. And yet, if it be retained, there
ftculty, in preserving from forfeiture, <
ol t he rights of lands in Kentucky, say two-thi rds. 1
mg laws, just alluded to, having been enacted on the
must be regarded and construed
other statutes on the same sul
In the process of construction, ^

be limited in their import, by the subject-matter in relation"to
which they are used. If we have been fortunate enough toTatii
fy the court, that the rights and interests of lands, which were to
tak f n , car f under the provisions of this article of the compact

ZaZ d / enVe r’ if from the common law of England, but from the
ftatute laws of Virginia, m which they had originated, and Hv

the senate. 4?

whidi they had been created; that they are so defined in those
laws that they must mean such inchoate rights as existed in war
rani,' entry or survey of lands, and not in grant; that the enaction
of laws by the proposed Slate, was necessary for their protection
and effectuation, and that the provision in that article, that they
should remain valid and secure under the laws of the proposed
State, imposed upon the new State the obligation to enact such
laws, may w r e not, in conformity with all the rules of just construc¬
tion,' interpret the words in the last clause of that article “ and
shall be deter mined according to the laws now existing in this state' 1 to
impose an obligation upon the new state, to regard the special
provisions of the statutes which created those rights, in determin¬
ing upon them, when they should he called in question? By ref¬
erence to those statutes it will be found, that those rights were
subject to be searched and their validity determined, in a proceed¬
ing upon caveat , in the trial of which, the court, according to the
principles prescribed by those statutes, searched the heart, and
tried the reins of the conflicting claims. The common law lur-
nished no mode of trying the validity of a warrant, an entry, or a
survey, in the unique and sni generis character given to (hose
rights, by the statutes from which they were derived. To regard,
in determining upon those rights, the criterions of their validity,
furnished by the statutes which had created them; the princi¬
ples of discrimination and preference, defined hy those laws; and

to regard those statutes as the rule of decision in whatever rela¬
ted to the nature or essence of the rights ; taking this as the in¬
terpretation of this latter clause of that article, we can assign a ra¬
tional, harmless and operative import to the word now. 1 he laws
from which those rights and interests were derived, had been enac¬
ted. The laws under which they were to remain valid and’se¬
cure, were thereafter to be enacted. The laws , those existing, and
those to exist, are contrasted, in relation to their functions. The
states are contrasted, in relation to the origin of those laws; the
state of Virginia, and the proposed slate. The laws are contrasted
as to time also. Thereafter the proposed state should, from time
to time, as occasion might require, enact laws for the effectuation
of those rights; and thereafter indefinitely, as cases might occur,
should determine them, according to the laws from which they
were derived and under which they now exist, viz. at the date ot
the compact. Why, it may here be asked, should the word laws,
as used in the last clause, be construed to mean a different char¬
acter of laws from that meant by the use of the same word, in the
two previous instances, in the same article, and in relation to the
same subject matter, and by the same parties ?

But we may, perhaps, derive some aid,.at this point of our pro¬
gress, from the 12th section of the great act of 1779, to which act,
we have already had occasion to refer. It is in the following

48 JOURNAL OF

words, viz. “ And whereas, at the time of the late change of gov*
e. nment, many caveats against patents for lands, which have linen

4 Re iti* T™ ° hC n’ W T **"*««» undetermined

‘‘there/ 3 If, ’ al such caveats wiUl ^ papers relating
^ thereto shall be removed to the Clerk’s office of the general

s court, there to be proceeded on and tried in the manner dfrccted

by law for future caveats ; but the same shall be determined ac-

u the'Tt 0 t le T S U1 f° rCe | at thG time th °- y were entered, and upon
the determination of such caveat, a grant shall issue, &cC—

[ ee 1st Littell, 406.] This enactment was, there can be no

dou , , the prototype or model, upon which the last clause of the

sHte of V - e u° mpaCt ' VaS ii ' amed - 1,1 ^ enactment, the
state of Virginia having just escaped from its colonial condition

pi escribed to itself, the same rules of decision, which it exacted
Horn Kentucky, upon its assuming the attitude in relation to Vir-

dltion TK tha ! State had a f u ™ d "> relation to its colonial con¬
dition. The rule is precisely the same in substance in both cases,
in each case, it relates to the same class of subjects, viz. private
rights and interests of lands. The words in the act just quoted

aZ' Alld I 1 " , t de 4f rmxne( >‘ 6 !J the /nws in force at the time
they were entered.” The words of the compact are, “And

sha.l be determined by the laws now existing in this state.” Docs
the word, laws as used in the act, mean the common law of
•Calgland, and the British statutes made in aid of it ? Certainlv
not ; lor those were the domestic laws of the colony, and had
.jeen domesticated by the state of Virginia. It would ‘have been
idle to have declared that those rights should be tried or deter¬
mined by the laws in force at the time of their origination, if those
>en laws were all in force at the time of the declaration.
We know that the common law was alike in force at both periods.

1 he common lawcould not have been meant by the legislature.
What laws then did they mean? The special statutes from which
the rights zuerc derived, under which the entries of the lands had
been made. Those statutes either had gone, or were about to go,
out of force, and the state of Virginia constrained her Judiciary
to be governed by them, in determining upon the rights, which
originated under them.

o T r e /, a T "A"' Whi< r h the P rivat e rights and interests of land in
the district of Kentucky depended, would not be in force in the
proposed state; not if that state should even adopt the common
■law of England. They were statute laws of Virginia; but accord¬
ing to theelause of the 3d article of the compact just quoted, the new
state was bound, that those rights, so far as they might be involved in
any judicial proceedings within her limits, should be determined
according to the laws in force when those rights,accrued: that is
the laws under, and by virtue of which they did accrue. And this
Kentucky was bound to do, whatever might have been the shape

/ :

THE SENATE.

of her judicial machinery, or the forms of proceedure. It is the
essence of sovereignty, that it shall shape its own fashions, and
fashion its own remedies. Virginia, in the section just quoted,
seems to have acted upon that conviction. The caveats were U>
be tried and proceeded in, in the manner directed by law for future

I caveats, hut must be determined according to the laws in force
when the entries were made.

Virginia could not reputably claim to exact of Kentucky, about
to assume the attitude of a sovereign independent state, terms
harder, or more severe, thftn she had prescribed to herself, upon
her transit from a colonial, to a state government; and what she
; could not reputably to herself, have exacted, this court surely will
not construe her to have exacted.

The rule which she prescribed to herself, in the section last
$ above quoted, is in strict conformity to the law of nature and na¬
tions, and to what is understood to be the practice, throughout the
| civilized world, in like cases. Why should a different rule have
been demanded by Virginia, or assented to by Kentucky? Why
,r should the word laws in the Virginia rule, mean only the statutes
1 of the colony under which the rights had accrued, and the same
word in the Kentucky rule, mean all the statute laws of Virginia,
positive and remedial, the common law of England, the constitu-
: tion and colonial charters, together with the decisions, usages, &c.

! of that state?

No good reason is perceived why the last clause of the 3d ar¬
ticle of the compact, should be construed to establish different
principles, from those established by the use of the like words,
in relation to the same kind of subject, and the like situation of
parties, in the section above quoted.

So that it would seem that the laws , according to which the pri-
. vate rights and interests of lands in Kentucky were to be deter¬
mined ,' pursuant to the last clause of the 3d article of the compact,
were the statute laws of Virginia which created, modified and de-
• fined them; those statute laws in which their validity and secu-
rily originated—the very laws from which they were derived; and
that those rights were of that inchoate and imperfect character
1 which indicated their need of all the provisions of that article.

But if the interpretation given above, of the words rights and
I interests of lands, should be thought to be too limited, and they
| should be construed to mean, grants as well as entries, surveys,
etc. of lands, still it is evident that the rights only . (of whatever
kind they might be,) were solely the subject of stipulation;
that it was not the intention of the parties to the compact, that
the lands ot the proposed state should forever be exempt from its
legislation. This would seem to be evident, not only from the
incompatibility ot such a state, of things with the existence of the
sovereignly oi the proposed state, but because the common law

JOURNAL OF

afforded its inurements and its inferences only to the possessor of
a legal title thereto, and there existed legal titles to but a very
§mall proportion of the lands which had been entered. Five-sevenths
at least of all the lands in that district were at that time claimed un¬
der iuchoate rights, the legal title to which was in the state of
Virginia, and would pass to the stale of Kentucky, under the 3d
article ofthe compact, in trust for claimants of that description.
If rights and interests, were construed to mean lands, it could only
be the lands for which grants had been obtained; and under that
construction, the inchoate rights that most needed, and could not
do without protection, would be left without it, and needless pro¬
tection extended to grants; for no discrimination is made in the
article. Besides, the lands could not be said to be derived from
the laws of Virginia ; but the rights to them were derived from
those laws.

Again, it would be questionable, both as to the anglicity and
sense of it, to sav, that lands should be determined by the laws note
existing, &c.; but it would be entirely proper so to speak in rela¬
tion to the rights or title to the land. But the 4th article of the
compact would seem to silence all doubt upon this point. By that
it would appear that the parties, the moment they had closed the
stipulations of the 3d article in relation to the rights and interests
of lands, passed, by a transition very easy and natural, from the
rights of the land, to the land itself; and in that (4th) article, stipu¬
late that the proposed state shall not tax the lands of non-residents
higher than those of residents, &c. and that the lands of non-resi¬
dents shall not be forfeited by the proposed state, for a failure to
cultivate or improve them, until, six years after the proposed stale
should have been admitted into the Federal Union. Now there
was, at the date of the compact, no law of Virginia, which
subjected lands to forfeiture, for a failure to improve or culti¬
vate them. If then the stipulation of the 3d article, that private
rights, &lc. were to remain secure and valid, under the laws of
the proposed state, embraced lands, they would have remained se¬
cure, and this provision of the 4th article, was worse than idle.
But if the stipulations of the 3d article, related not to the lands,
but to the rights thereto only; and if, as seems to be admitted by
the strongest implication, the state would have possessed the pow¬
er immediately upon going into existence, to tax and forfeit lands,
then there was a motive for the restrictions, contained in the 4th
article, upon that power. The provisions of that article are evident¬
ly restrictive , and presuppose the existence of the power, which
they purport to restrain. But again, if, according to the opinion
ofthe court, not only the lauds, but the rents, profits and issues of
them, whether natural or industrial, were secured by the provis¬
ions of the 3d article, from the legislative invasion of the pro-

I THE SENATE. si

posed state, would it not have been an act of great stupidity, in
the parties, to frame and adopt the provisions of the 4th article?
Would not that article have been, not only superfluous, but frivo¬
lous? And will the court, we beg leave to ask, most respectfully,
persist in a construction, which fastens fatuity upon two States,
| and produces an irreconeileable conflict between the 3d and 4th
i articles of their deliberate compact?

But does not, it may be asked, the power to forfeit the lands for
non-cultivation, include the power to inflict lighter penalties for
J that cause, and to subject the lands to their payment? And may
not that penalty be inflicted in any mode which the sovereign may
choose to adopt? And can it be said, that to diminish the value
jy of the land in the exaction of the penalty, is forbidden by that very
|jj compact, which concedes by stipulation, the right to forfeit the
whole? And does it lie in the mouth of any non-resident, who
lias not during forty years occupied, cultivated, or improved his
| lands in Kentucky, to say that the state has done him wrong, in
subjecting his lands to the payment of the price of the labor inno-
1 cently and honestly exerted in improving them, when it had the
| acknowledged right of forfeiting the lands entirely, because of
' his failure to cultivate and improve them? When the price of
| that labor exceeds the value of the land, in its unimproved state,
then the operation of the law will have been, that he has lost his
| lands by his own fault; a fault for which it is acknowledged they
\ might have been directly forfeited; and it is not competent, for
him to dictate to the state in what manner it shall exercise its for-
; foiling power, or what disposition it shall make of the lands which
it shall choose in any way to forfeit. So that in the worst aspect
of the occupying claimantdaws of Kentucky, (and the portraiture
ot them, given in the opinion of the court, is certainly not very flat¬
tering,) their operation amounts to no more than the exertion of an
;■ acknowledged power, (the power of forfeiting,) would produce.

] And the operation of the law is not upon his right to the land,
whatever that may be; it is upon the land itself. And then
I the shape of the question is not, -whether those laws will permit,
$ or oblige a man to buy his men lands, but whether a man, who has
■ stood by in silence, beholding the innocent occupant wearing out
. his life in improving the lands, for which he also had honestly paid,
shall come in, assert claim to the land, and by the common law
magic, of an anterior date to his parchment, unhouse the occu-
: pant, and enjoy the fruits of the labor of his life, without paying
therefor any equivalent whatever.

No state that possessed the power of legislation over its soil,
could or ought to submit long, to tenures of it, unassociatcd with
cultivation. The desolating effects of the numerous tenures of
that sort in Kentucky, have greatly retarded its agricultural ad¬
vancement, and would, hut for the benign effect of its occupying

52 JOURNAL OP

claimant laws, have thrown it behind its just destinies at least
twenty years. That state could not have got along at a 1 w About
them. They present to delinquent claimants, the mildest, -
most mitigated aspect of the exertion ol the forfeiting power; and
no shape of that power, in relation to the lands of non-resident
claimants who have failed to improve the same, is believed lo be

^The'power to make laws, the power to legislate, is of the es¬
sence of sovereignty. It enters essentially ,n . 1 °
tion of sovereign power; because its exercise is indispensably ne
cessary to the associated condition of man. Its necessi y resu .
Se from his selfish and social nature. His intimate connexion
with, and dependence upon the soil, not only for subsistence, but
for the just enjoyment of his social and selfish propensities, brings
the soil necessarily under legislative subjection. Hence it would
scorn to follow, that Kentucky could not become a sovereign state,
without possessing legislative power over the sod widun her 1lim¬
its; and if she was to become a state, she had a right, under the
constitution of the United Stales, to become a sovereign rind in¬
dependent state, at least so far as that sovereignty and ndepen
deuce could exist, compatibly with that of the United States, as
delineated in its constitution. She had a right to that exemption
from dependence upon any of the other states, which each of hem
possessed in relation lo the others. This, it is presumed, is what
is denominated the independence of the states of the American con¬
federation. She had a right to exercise sovereign power to the
same extent in which each of the other states might exercise it,
and it was not competent for Virginia to withhold that power from
her, in the process of her erection into a state, more than it would
have been competent for her to reclaim it by compact, after
had become a state. To maintain cquilibnal powers between the
states, is presumed to have been among the leading reasons which
produced the adoption of that provision in the constitution of the
United States, which restrains the states from entering into com¬
pacts with each other, and with foreign powers. Instead of giv¬
ing Virginia a power by construction, to legislate for the soil of
Kentucky, or giving her the power of not doing it, (if that phrase
may be so applied,) and restraining Kentucky from doing it, it is
respectfully contended, that an explicit compactto that effect must
have been void, from its intrinsic unfitness, font is contended,
that the power of promoting industry, by securing to its votaries
the enjoyment of its fruits, is inherent in'sovereignty, and nostate
can prosper, or even get along, without exercising it. It is not
very important who cultivates the soil, A or B; but it is vita y
important that the soil should be cultivated. The strongest in¬
centive to the cultivation of the soil, is to be found in conscious
proprietorship, in stability of tenure; and government must, by its

THE SENATE.

laws, give to occupancy that repose, which will inspirit labor,
awaken enterprise, and diffuse contentment. This power to le¬
gislate over the soil, is essential to that distribution of it, which is
most favorable, not only to the comfort, but to the freedom of those
who cultivate it. Suppose the doctrine of primogeniture and en¬
tails had existed in Virginia at the date of the compact, and that
Virginia had, since the erection of Kentucky into a state, abolish¬
ed those laws; according to the Construction given to the third ar¬
ticle of the compact, Kentucky must, notwithstanding, continue
forever to submit to the pernicious tendency' of those laws.

A stale must have the power to provide by its laws for the dis¬
tribution and descent of real property; to regulate the tenures,
tranters and testamentary dispositions of it; to protect the occu¬
pancy, and encourage the cultivation of it; in short, to suit its
legislation over it, to the ever-varying condition of those who con¬
stitute the state; for states have their vicissitudes, though not in
regular, yet often in rapid succession. Hence the provision in
all, or iu almost all the American governments, for the annual ses¬
sion of their legislatures. But the annual session of the Kentucky
legislature will turn out an expensive illusion, if the construction
given to the 3d article of the compact is to be the criterion of its
power. If that is the sound , and is to be the permanent construc¬
tion of that article, permit us to ask, most respectfully, if the fact
will not turn out to be, that Virginia has smuggled Kentucky in¬
to the Union, in the character of an independent state, while, in
reality , she retained her as a colony? For that power that cannot
legislate in relation to the soil which it occupies, must be the vas¬
sal of the power that gives law to the soil. And what is the dif¬
ference between giving at once to a country, the law which shall
regulate the tenure and occupancy of its soil in all time to come,
and legislating for it, as occasion may require, through all time to
come? In either case, the legislating power is the sovereign, and
the people who occupy the soil which is the subject of legislation,
must be vassal; and of the two modes of receiving law, that would
be best received, which was successive, suitable, and seasonable.
Still, in either case, it cannot be disguised, that they are not free;
that they are vassals.

If, in the compact between Virginia and Kentucky, there had
been a stipulation, that all personal rights, and rights of personal
property, should remain valid and secure undei the laws of the
proposed state, and be determined by the laws then existing in
Virginia, could Kentucky, (we beg leave to ask,) have gene into
existence as an independent state, under such additional restric¬
tions upon her legislative faculties? Or could she, without a to¬
tal perversion of terms, have been denominated a state ai all? And
why might not such a stipulation have been inserted in the com¬
pact? Not, certainly, because the 3d article, as it now stands,

54 JOURNAL OF

imports all ol restriction, that could have been sustained by Ken¬
tucky, compatibly with her existence as a sovereign stale: and
still more certainly, not because of any unwillingness in Kentucky
to make the concession; for if she was willing to surrender to
Virginia the sovereignty of the soil, (and that is the construction
given to the import of the 3d article of the compact,) she could
have no motive to retain the faculty of legislation as lo personal¬
ties and personal rights; for it is an axiom in politics, that those
who control the soil, control with it those who occupy it; and the
retention of the latter, upon the supposition that the former had
been surrendered, would have been expensive in its exercise, and
unavailing in its effect.

As this compact purports to be a contract between two sover¬
eign stales, we are constrained, in construing it, to regard those
principles of acknowledged political orthodoxy, by which the just
powers of states are ascertained and defined; those powers which
enter into the essence of sovereignty, and are essential to the en¬
joyment of freedom. Those principles have, therefore, been re¬
ferred to with the same freedom, that reference is made to the es¬
tablished rules of law', in the exposition of ordinary contracts.
Their application to cases of this description, is believed to be as
appropriate, as the application of the rules of the municipal law ta
ordinary contracts.

But let us look at some of the practical results of the construc¬
tion given in the opinion, to the 3d article of the compact; for if it
must produce results to which the parties cannot be supposed to
have assented, at the time they formed it, the construction can¬
not be correct; because its correctness can only consist in its con¬
sonance with the intention of the parties.

The great principle established in the opinion, is, that any law
of Kentucky, which renders lands in that state, which W'ere de¬
rived from the laws of Virginia, less valuable or less secure, in re-

THE SENATE.

J title upon the purchaser, and of course are subject to reclamation
by the original owners and their heirs.

At the date of the compact, the crime of horse-stealing, was
{punished, under the laws of Virginia, with death. The state of
Kentucky, very soon after it believed it possessed the power to do
.so, mitigated the rigor of the Virginia code in that instance, a-
mong many others, and commuted confinement in the jail and
■penitentiary house, for capital punishment; whereby culprits of
:ithat description became entitled, under the constitution of that
state, to be bailed. The recognizance, under a law of Kentucky
-to that effect, contained the condition, that if the culprit should
fail to appear and answer to the charge, the penal amount thereof
should be levied of his lands, &c. Here also it may be said, that
the lands of the culprit and of his securities, are rendered less se¬
cure than they would have been under the Virginia code.

J' The state of Kentucky has, it is believed, in some cases of a pe¬
nal character, which were punishable under the laws of Virginia at
jiithe date of the compact, with stripes or imprisonment, substituted
for the punishment inflicted by those laws on the body of the cul¬
prit, an exaction upon his purse, and subjected his lands to the
payment of the penalty. Here also it may be said, that the rights
and interests of the lands of the offender are rendered less secure
■han they were under the Virginia code, and that the law produ¬
cing that elfect is impactional and void.

k It is the settled sentiment of the statesmen and jurists of Vir¬
ginia, that lands in that state, and the rights thereof, are greatly
more secure under the restricted exercise of the elective franchise,
which prevailed, at the date of the compact, in that stale, than
they would be, if unqualified suffrage were permitted. Upon this
principle, so much of the constitution of Kentucky as proclaims to
its citizens the unqualified right of suffrage, may be declared void,
because the rights of land are thereby rendered less secure, than
they were at the date of the compact.

a It may be said, that the principle settled in the opinion was not
intended to apply to the laws above enumerated. May it not, we
ask most respectfully, whatever may have been the intention of
the court, be extended and applied to those laws; and must they
not, (in the maintenance of consistency,) whenever they are drawn
in question, be declared to be void, and all proceedings had under
them, to be invalid? If such was not the intention of the court,
is not that circumstance an additional reason for the re-considera¬
tion of the opinion?

The principle settled in the opinion, would seem not only to ex¬
tend to, and embrace the laws of Kentucky, to which reference
has been made, but to bestow a squint of fearful presage upon the
remedial laws enacted by that state in relation to the realty, or to
real actions. For, says the opinion, “the objection to a law, on

JOURNAL OF

5ii

the ground of its impairing the obligation of a contract, cdn nevdi |jjh'
depend upon the extent of the change the law effects in it ; any devia- c

tion from its terms, by postponing or accelerating the period of per- |j

formarice which it prescribes, imposing conditions not prescribed q ]
in the contract, or dispensing with the performance of those j,
which are, however minute or apparently immaterial in their effect c
upon the contract of the parties, impairs its obligation.” t

May we not be permitted to ask, if this is hot holding a very tight ( {
rein over the exercise of sovereign power by a state? Can it be a
supposed, that a state would consent to possess, and to exercise tl
sovereign power, under the requisition of such precision and ex- q,
actness—under such a curb? v

* Can the State of Kentucky enact any laws in relation to the z ,

lands within its limits? Or, must the laws which existed in Vir- r(

ginia at the date of the compact, in relation to those lands; to the p

rights and interests thereof; to the remedies for the violation of r ,

those rights and interests, forever remain the criterion of rights ri

and remedies in relation to the realty, in the State of Kentucky ! i(

And must any laws which the legislature of that slate may enact c,

in relation thereto, depend, for their validity, upon their exact and ;l

precise conformity to the Virginia laws upon the same subject!l tc
Does not the opinion answer, emphatically, yes; and declare that
any deviation therefrom, however minute and apparently immaterial < p,
in its effect , must be fatal to the laws; and that those laws, in rela-; C 1
tion to lands, which were in force in Virginia at the date of the ft

compact, were embraced by it, form an essential part of it, ami g<

must be conformed to by Kentucky, in all its enactments concern- h

inglands? But let us consult the words of the opinion farther, gj

upon this subject. It says, “ If the remedy be qualified and restrain- p

ed by conditions of any kind , the right of the ow r ncr may indeed sub- ■
sist and be acknowledged; but it is impaired and rendered insecure. '■ ai
according to the nature and extent of the restrictions .” What is the®
import of this quotation from the opinion, but, in effect, a repeal, q c
by anticipation, of the remedial laws of Kentucky, to the extent in q;
which they differ from the remedial laws in force in Virginia at
the date of the compact, in relation to real actions ? And so far as jp :i
they conform exactly to those laws, it was certainly idle to enact SR' J £
them. The limitation laws of that state must, under the opinion ri
of the court, fall with its occupying claimant laws. Kentucky |. J (
cannot, by the exertion of any sovereign power she possesses, or M v
rather, she does not possess the power to prescribe, by the enac- y st
tion of laws, a limit to those controversies for the soil, within her I ^
jurisdiction, wherewith she has been heretofere greatly afflicted,
and with which her best prospects in time to come, are much Bfc'tl
darkened. In short, do not all the parts of that opinion converge Hjn
in the establishment of the sentiment, that the code of Virginia, I
that code which was in force in that state on the 18th day of De- v|o

THE SENATE.

?dr

ia-

er-

lec/

?ht

be
ise
ex¬
ile
ir-
;he
of
hts
:v!
ict
nd
ct!
lat
ial
la¬
ke
ml
rn-
er,
in-
ib-
re.
he'
al, j
in'
at
as
ct !
jn!
<V
or

;C- I

cr j

:h f

5 |

ISc'cmber 1739, must be, and continue to be, in all time to come, the
'code of Kentucky, in relation, not only to the lands within her
limits, and the rights thereto, of whatever kind, hut in relation to
llic remedies also? And we are willing to admit that all these doc¬
trines flow naturally enough from the premises laid down by the
court. But when it is considered that those premises were obtain¬
ed by construction; that in arriving at them, Kentucky will have
fobe considered as having been so eager for a quasi slate ‘posture ,
as to have agreed to renounce forev,ep (for permission to occupy that
Attitude,) the great and essential attributes of state sovereignty;
to renounce forever all jurisdiction over the territory and soil
within her limits, and to have agreed, that the relation of her citi¬
zens to the soil upon which they were to subsist, should be forever
regulated by an alien code, which could neither be varied nor im¬
proved, by the charities of (he power that framed it, nor by the ne¬
cessities of the one that adopted it; and which might, indeed, be
renounced by the former, upon a conviction of its inadequacy to
ils original purposes, and to the varied, advanced, and advancing
'Condition of the society for whose benefit it was originally framed
•and adopted; but which must nevertheless forever remain obliga¬
tory upon the people of Kentucky. That is, that the stream
must still continue to flow, after its source has dried up. Even the
poet’s “ Labiiur el semper lubetur, per omne volubile cevumf was pre¬
dicated upon the unfailing sources of the stream. It is respect¬
fully repeated, that when the court again reflects upon the premi¬
ses which they have obtained by the construction which they
have given to the 3d article of the compact, and upon the conclu¬
sions to which those premises lead; they will (it is ardently hoped,)
phase and enquire of themselves, whether those conlusions are in
conformity with the nature of the subject-matter of that compact,
and with the condition and intention of the parties who framed it?
j And after all, what is this thing called construction, more than,
to supply bj' presumption the absence of a clearly expressed inten¬
tion by the parties, (say) to a contract? And how can what the
parties meant, be presumed, unless the condition of the parties,
and the subject-matter of the contract be known? and when that
is known, how is presumption employed? Why, simply in infer¬
ring that sentiment, or state of will, which reasonable men in all
(respects similarly situated, under the influence of the sleepless
vigilance of self-love, would have formed or entertained. The
sentiment, or state of will, to which this process leads, has the stamp
of intrinsic fitness upon it; a fitness that maintains its character,

, (whether viewed in relation to consequences or causes. It tits alike,
|the presumed motives of the parties to the contract, the subject-
Bmatterof the contract, and the results flowing from the contract.

Can it be supposed, or presumed, reasonably, that the District
jflof Kentuckv, engaged at the date of the compact, in its tenth

JOURNAL OF

year’s war with the savages, that

southern, v""*-- 1 -

ness; a war
had been unusually
scattered, weak from the
lation, not know

pied the wilderness, on i(»
tself almost a wilder-
ing all that time, and

western and norlhern

which had not intermitted d
' sanguinary, i

- ...0 paucity and dispersed state of its
ing certainly

ages its progress might be marked, situated
any efficient source of as-
lined to rely upon its own strength and resources,

yer of adver-
, con¬
eeded the strength of increased population, not on-
n the war in which it was c;
iis wilderness land to a state of cnltivatior
the resources necessary to sustain the new government, would, iu
lie \Rrv pioccss ot its formation, surrender the power so indis-
pcnsaolv necessary, ifnot to its very existence, certainly to its well¬
being and prosperity? It needed the power to furnish incentives
to emigration and to industry; to silence as specdily'as it could be
justly done, the litigation in relation to its lands, which threaten¬
ed Us repose. Can it be presumed, it is again asked, to have
consented to part with those powers, which, if they were not
Hon? 13 t0 US soverei S nt y> were indispensably so to its condi-

It remained, when the Indians should have been conquered, to
suouiie the iorests of the wilderness. Can it be reasonably sup¬
posed, that the people of that District, after winning the country
tiv conquest, under circumstances of privation, hardship and
gi > >m. of which a true narrative would, on account of their pe¬
culiarity, seem more like romance, than history; a gloom not in¬
deed uninterrupted, but when interrupted, brightened only by the
g. .ims of their own chivalric daring, and valorous achievement,
that such a people would consent to clear up grounds, erect houses'
huilcl barns, plant orchards and make meadows, for the sole con¬
ic, lienee ol those who had latent rights, and who, during the war
and while the improvements were making, had remained as latent
as their rights?

I he conduct of the State of Kentucky, whatever may have
been said of it by the misguided or the unprincipled, has been high-
minded, liberal and indulgent towards non-resident claimantsof
lands in that state. She indulged them from year to year, for
six years, to make their surveys, and from year to year, for twenty
years, to return plats and certificates of survey to the Reg isters
office. She repealed her laws against champerty so early as the
year 1790, in the mistaken view of furnishing to them increased
facilities oi disposing of their claims, and in all her laws for the
appropriation of vacant lands, she declared that every survey or

with its settlements sparse, and
, i popu-

^ j ivhen the war would terminate, ot

with what further rava 0 _ r _

from three to five hundred miles from
sistance, constra’

its territory encumbered and cursed with a triple layt.
snry claims: Can it be supposed, that a district thus situated,

ed population, not on-
:igaged, hut to reduce

•

P :

til

>
en
Hi
si i
wi
lie
tin
vh
cit
to

fin
of
cai
ter
the
ful
for
the
su!
eoi
sid
bei
th r
tiei
bee
pie
of t

THE SENATE.

6,9

it*

ler-

ind

pu-

ted

as-

:es,

er-

an-

on-

icc

isk

is-

sll-

■li¬

lir

patent which might be obtained under those laws, should be ab¬
solutely void, so far as it should interfere with a survey made in
virtue of a right derived from Virginia.

« She knew the extent of the obligation imposed on her by the
compact, and she most scrupulously avoided impairing it; and as
evidence of her good faith in this matter, the State of Virginia has
never complained; the parties to the compact gave it the same in¬
terpretation. So late as the year 1022, the 3d article of the com¬
pact received, in the report of a very enlightened committee of
that state, in relation to the claims of its officers and soldiers to
bounty lands in Kentucky, an exposition different from that given
in the opinion, and in accordance, in the main, with that herein
urged. The court are respectfully referred to that report, which,
though it is not believed to be correct in every particular, is cer¬
tainly a very able performance, and exhibits, in relation to its ob¬
ject, a masterly view of the subject. The power of Kentucky to
enact limitation laws, is very clearly and expressly admitted in
that report. May it not then be hoped that the court will rc-con-
sider their opinion, and adopt that construction of the compact,
which speaks peace to the family altars and firesides of half a mil¬
lion of souls, under which alone, the people of the state of Ken¬
tucky can live and continue to be as happy as their industry and
virtue shall entitle them to be; and as free as in the character of
citizens of an independent and sovereign state they have aright
to be.

|Nor are the undersigned without the hope, that the court will
find in the circumstance that the opinion was formed by three only
of the seven J udges, an additional motive to review the case. The
cause which subjected a case involving principles so vitally in¬
teresting to the state of Kentucky, to a decision by a minority of
the Judges, is greatly to be regretted, and furnishes, it is respect¬
fully suggested, in the opinion-of the undersigned, a strong reason
for reiterated deliberation. Besides, when the court reflects that
the case in which the opinion has been pronounced, was a case
substantially, though perhaps not formally, settled, they will be
convinced that no injury can result from the delay which a recon¬
sideration may produce. Of the four Judges who were on the
bench when the opinion was given, one dissented. Had one of the
thn e, instead of concuiring therein, concurred with the dissen¬
tient judge, the posture of things in Kentucky would not have
been disturbed, so that in effect, the rights of half a million of peo¬
ple, are to be afflictingly changed and controlled by the opinion
of one single, individual member of the court.

All which is most respectiully submitted, by

JOHN ROWAN.

HENRY CLAY,'

JOURNAL OF

Ordered, That said message and documents be laid ori the table,
and that tlie public printers forthwith print 500 copies thereof, for
the use of the Senate.

The following hills were reported, to wit: #

By Mr. M'Afee—A bill for the benefit of Joshua Barbee and
the devisees of John Barbee, deceased.

Bv Mr. Miller—A bill to alter the Slate Ro .! through Hardin
county.

Arid by Mr. Lyon—A bill to establish the county of Graves.

Which were severally read the first time, and ordered to be
read a second time.

The Senate received messages from the House of Representa¬
tives, announcing the passage of bills of the following titles: An
act to alter the times of the sitting of the Estill circuit court, and
an act to authorise the sale of the real estate of the infant children
of Andrew Hanna.

Which were severally read the first time. The rule being dis¬
pensed with, they were read a second time, and the former a third
time.

Resolved. That the former bill do pass, and that Mr. Howard
inform the House of Representatives thereof.

The latter bill was committed to the committee for courts of
ju ice.

Engrossed bills, to wit: A bill to increase the powers of the trus¬
tees of the town of Hopkinsville; a bill for the benefit of the chil¬
dren of Hannah Porter, and a bill authorising a lottery for the ben¬
efit of Hopkinsville Lodge, No. 37, were severally read a third
time.

Resolved, That the said bills do pass, and that the titles be, res-
spcctivcly, “ an act to increase the powers of the trustees ol the
town of Hopkinsville“an act for the benefit of the children of
Hannah Porter,” and “an act authorising a lottery for the benefit
of Hopkinsville Lodge, No. 37.”

Ordered , That Mr! Ewing inform the House of Representatives
thereof, and request their concurrence.

The Senate received from the Governor, by Mr. Waggener, a
message in writing, containing certain military nominations.

A bill for the relief of certain aliens, was read a second time,
and ordered to be engrossed and read a third time.

Toe Senate then, according to the standing order of the day.
resolved itself into a committee of the whole house on the state of,
the commonwealth, Mr. Gorin in the chair; and after some time
spent therein, Mr. Speaker resumed the chair, and Mr. Gorin re- I
ported, that the committee had, according to order, had under con- I
sidcralion the report of the select committee to whom was refer- 1
red the petition of Alexander Lackey, contesting the election of I

THE SENATE.

Thomas D. Owings, and had gone through the same without
amendment.

Which report was taken up and read as follows, to wit:

The select committee to whom was referred the petition of
Alexander Lackey, contesting the election of Thomas 1). Owings,
a senator returned to serve in the senate of this commonwealth
for the 31st senatorial district, composed of the counties of Bath,
Floyd, Morgan, Pike and parts of Lawrence and Perry, have had
the same under consideration, and beg leave to make the following
report:

We find the notice given by the said Alexander Lackey to the
said Thomas 1). Owings, to be defective, in not being under the
hand and seal of the said Lackey, as required by the statute. We
also find that the uotice for taking, and the certificate of the depo¬
sitions taken in the case, are also defective and irregular, not be¬
ing in conformity to the act of assembly in such cases made and
provided; and that sufficient evidence does not appear, as to the
disposition of the votes in the county of Lawrence, which was con¬
stituted out of a part of Greenup county, since the last apportion¬
ment, which was not originally in the senatorial district. 'Yet,
taking all the evidence as it is, thus irregularly certified, it ap¬
pears to your committee, that the said Thomas D. Owings did not
receive the greatest number ofqualified votes in the district; and
viewing this contest, not only as doubtful, but of considerable dif¬
ficulty, your committee have come to the conclusion, that it is rea¬
sonable that the good people of said district should have the privi¬
lege of again making a full and fair expression of their will , in a
new election: We, therefore, are of opinion, that the notice and
proceedings are too defective and irregular, to authorise the said
Alexander Lackey to take his seat, in the place of the said Thomas
D. Owings; and, on the other hand, that the said Thomas D. Ow¬
ings has not been constitutionally elected.

We, therefore, recommend, that the seat of the said Thomas Dv
Owings be declared vacated, and that a writ of election issue t»
said district, to be held on the first Monday in December next, to
fill the vacancy occasioned thereby.

They also beg leave to report all the papers and depositions
which were before them, in order that the Senate may have a full
view of the whole subject, agreeable to the act of assembly in re¬
lation to contested elections.

Mr. Howard then moved the following amendment:

Resolved, That a writ of election issue, agreeably to the act of
1819, establishing the 31st senatorial district.

Mr. Ewing then moved the following, as a substitute therefor,
to wit:

Resolved, That the electors in the 31st senatorial district shall
yote, in their several counties, for senator, as now directed by law,.;

r * _ " *' ’

. „;iu. .

The question was then taken on the adoption of the substitute,
and it was resolved in the negative—Yeas 15, nays 15; the Lieu¬
tenant-Governor voting in the negative.

The yeas and nays being required thereon by Messrs. Barbee
and Ewing, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Bowman, Duncan,Ewing,
Faulkner, Flournoy, Forsythe, Gorin, Hickman, Smith and Worth¬
ington.

Those who voted in the negative, are,. Messrs. C. Allan, Car-
neal, Dawson, Denny, Howard, Lyon, M’Afee, Miller, Morchead,
Roper, Rudd, J. Ward, White, Wickliffand Williams.

I he amendment proposed by Mr, Howard was then rejected.,
and the report concurred in.

James Davidson, Esq. senator from the counties of Lincoln and
Rockcastle, appeared and took his seat.

The Senate received a message from the House of Representa¬
tives, announcing the passage of a bill from the Senate, entitled
“ an act allowing certain Judges further time to remove into theft
tespe'etive districts.”

And then the Senate adjourned.

SATURDAY, NOVEMBER 8, 1823.

The Senate assembled.

John J. Marshall, Esq. senator from the counties of Frank lin
and Owen, appeared and took his seat.

The Speaker laid before the Senate a report from the Trustees
of the Deaf and Dumb Asylum, which was taken up and read as.
follows, to wit?

Frankfort, Novembers, 1823.

Sir:

I have the honor herewith to present, by order of the Board
of Trustees of the Kentucky Institution for the tuition of the Deaf
and Dumb, their annual report, and through you, to the honorable-
body over which you preside.

I am, Sir, very respectfully,

Your obedient servant,

DAVID G. COWAN, Chairman
Com. Trustees.

The Hon. Wiluam T. Barry,

Speaker of the Senate.

JOURNAL OF

THE .SENATE,

Kentucky Institution fop. the tuition of the)
Deaf and Dumb, Danville, Nov. 3, 1823. t

IN obedience to “ an act to endow an Asylum for the tuition of
the Deaf and Dumb,” the Trustees respectfully report:

Institutions ol the kind created by the legislature, being of mod¬
ern date in the world, and there being none nearer than the Atlan¬
tic cities, the board Was well aware that they were not in possession
ol the requisite information, to enable them at once to commence
the duties incident to their appointment. They, therefore, met at
an early day alter the adjournment of the general assembly, and
adopted such measures as seemed most likely, and- best calculated
to a fiord the desired information, and at as early a day as practica¬
ble, to put the institution into operation. A correspondence was
accordingly opened with all the institutions of the kind in the Uni¬
ted Siatcs, the object ol which was, to obtain information of the
best mode ol conducting and managing them. Circulars were ad¬
dressed „to the different members of the General Assembly, re¬
questing information of the number of Deaf and Dumb persons, in
tbetr several counties; their age, sex and condition in life, and the
probable number, that would be sent to the Institution for in¬
struction. A statement herewith submilted, will show the infor¬
mation obtained upon the subject. Know ing that the number of
persons, acquainted with the proper method of instructing mutes,
was very limited, the Board engaged a Mr. David C. Irvin, as in¬
structor; deeming him capable of giving the instruction necessary,
m the first lew months, until time could be had to procure a teach-
t riT °'t “ E “‘ C ™ i» ever,- respect competent

Peeks’ tri l of v re§t ' et t0 1,0 ° bJi S ed to stllte ’ that after some
r t vnl!f M ' lrV r n ’ ^““Stances occurred, which made it the
duty ol the I rustees forth with to discharge him.

from that time, until the 6th ultimo, the pupils received
struct,on from the Rev. John R. Kerr, and although he was » ,
exponenced in teaching mutes, yet the progress of the punik ^

wffer f H’re S f S , U T ex P ec t a ‘ions. Since that time 1 M r At'
Witt Uinton Mi chel), from the New-York Asylum, a genfL°
experienced in the art, has filled the office ol prindpaf^T' 1

Among the most important objects to be attained in Hie estab T*

mem of an instituion for the Deaf and Dumb, is the Dm, * ;

of persons ol unexceptionable character and qualification"T’fin
the stations ol superintendent and matron, In this part ofth*’ 1
duty, the Board are happy to have it in their power 0i l, 1011
have succeeded to their entire satisfaction Kv^fl to sa D the y
«l.e Kev. John K. Kerr, 1 J““ J

SW*. IY.C1Z

JOURNAL of

The novelty of the experiment to communicate useful knowl¬
edge to persons deaf and dumb, and thereby restore them to their
proper rank in the scale of beings, has, by many persons in the
country, been considered a doubtful one, and by some believed im¬
practicable. But facts remove allldoubts and disbelief upon the
subject. Many persons have visited the institution and no per¬
son has left it doubting, nor is it believed, without being interest¬
ed for its prosperity. _ ...

So far as the Board arc in possession of information, this institu¬
tion has met with the universal approbation of those who under¬
stand its nature. It has attracted the attention of persons out of
our own state, as several applications to admit pupils have been
made from the states of Ohio, Tennessee and Georgia.

It is expected that in the course of the next six months, the num¬
ber of pupils will be much increased. The statements herewith
submitted, will exhibit the funds of the institution, and the several
expenditures, and on what account; also, a list of the pupils, tc.
We would remark, that the funds placed at the disposal of the
Board, did not, in their opinion, warrant the commencement of the
buildings necessary for such an institution; and buildings answer¬
ing the purpose for some time to come, have been taken on rent.
Il is however believed, that the most suitable site for an Asylum,
is not in the centre of a town, but somewhat retired from the bus¬
tle of business; and so soon as the Board find themselves sufficiently
in funds, it is contemplated to acquire a lot of ground more spa¬
cious than can be obtained in the heart of a town, whereon to erect
their buildings. In this, the Board have in view not only the
health of the "pupils, but hope, at some period, to have it in their

power to employ a portion of their time, (and particularly of the
indigent,) in acquiring a knowledge of such things as may enable
them when discharged from the institution, to procure a subsist¬
ence. We conceive the education of indigent pupils who have
learned to read and write, and have not been taught any branch
of industry, by which to obtain for themselves a support in life, as
incomplete. " Our means at present, admit only of giving this kind
of instruction to our female pupils, who are taught the use of the
needle, housewifery, &c. We hope the period may not be distant,
when through the bountyofthe Legislature of ourcountry, and the
donations of the charitable, we shall be enabled to carry this part
of the plan into complete operation.

At this time, we respectfully suggest to the Legislature, that the
sum now allowed by law, for the support of indigent pupils, is less
than it can be furnished for at the present prices of the means of
subsistence. We would, therefore, respectfully solicit such an in;
crease of the allowance, as the Legislature may think proper.
That the legislature may be more minutely acquainted with the
institution and its management, the trustees respectfully solicit a

THE SENATE. Go

personal examination by a committee of each house of the Gene¬
ral Assembly.

| A copy of the rules adopted for the government of the institu¬
tion, is herewith submitted, by which it will he seen that to the
trustees residing in town, has been committed the immediate cure
of superintending it, a sub-committee of whom are in the habit of
jpgking daily visits:. 1 he like is done by the committee of ladies ap¬
pointed under our charter. The pupils are all in good health,
(and no instance is recollected ol any having been sick, except
§ lightly of prevailing epidemics. They are cheerful, well dispos¬
ed to each other, and easily governed; and as new ideas are unlbld-
'ed to them, appear greatly delighted, and anxious to learn. They
are much attached to the superintendent, matron and teacher, and
to those visiters who cull frequently, and who appear interested
for them.

If I lie board of trustees owe their acknowledgments to the teach¬
ers of all the institutions for instructing the deaf and dumb, with
whom tney have corresponded, for their promptness in giving the
|lesircd information; but they feel under particular obligations to
iDr. Samuel Akerly, secretary of the New-York institution, for the
piaay services he has rendered tin m.

1. iie statement ot expences incurred, accompanying this report,
.together with some estimate of the probable expenditures for the
ensuing year, will afford the best information we can give the le¬
gislature on this subject. Should a committee be appointed, as
|e trust there will, it will be in our power to go more into detail.
Before we conclude this report, we beg leave to express our earn-
CfSt hope and expectation, that the same spirit of philanthropy
winch induced your predecessors to extend their beneficence to
this unfortunate portion ol our fellow-creatures, will animate the
present, and each succeeding legislature.

I All which is respectfully submitted,

By order of the Board.

B. H. PERKINS,

D. G. COWAN,

JAMES BARBOUR, Superintending
W.m. MILLER, r Committee.

EPH’M. M’DOWELL,

JERT1. FISHER, J

Kentucky Institution for the Tuition of tiie Deaf and Dumb.

D-as/m.-John Boyk, chairman; James Birney, treasurer;
J) 11 lam f h°mas Montgomery, Samuel M’Kee, James

Barbour, l homas C.le.land, Samuel K. Nelson, David G. Cowan,
Ephraim M’Doweil, Joseph M’Dowell, William Craig, Jeremiah
fishei, John Green, Edward Worthington, Robert B. M’Afee

JOURNAL OF

Benjamin H. Perkins, William Miller, Jolin S. Higgins. James
Harlan, secretary of the board.

Officers. —Rev. John R. Ken-, superintendent; Frances Kerr,
matron; De Witt Clinton Mitchell, principal teacher.

Physicians. —Joseph Weisiger and Albin G. Smith.

Committee of superintendence .-— Benjamin H. Perkins, James
Barbour, Ephraim M’Dowell, David G. Cowan, William Miller
and Jeremiah Fisher..

Committee of Ladies .— Mrs. Clemens, Mrs. Youce, Mrs. Finley,
Mrs. Rochester, Mrs. Whealan, Mrs. Caldwell, Mrs. Akin, Mrs.
Cocke, Mrs. Moore, Mrs. Henderson, Mrs. Bell and Mis. Reed.

PUPILS

Deaf and dumb persons supposed to be in the State, from 130
to 150, about one-third of whom are in indigent circumstances.—
The calculation in Europe, of the proportion of deaf and dumb
to other persons, is one for 2,000 souls; in the United States, it is
estimated lower.

RULES.

Resolved , That the members of the board resident in the town
ot Danville, be arranged into Monthly Committees; who shall
each, successively, have the superintendence and charge of the
Asylum. It shall be the duty of the Committees, to make all regu¬
lations needful and necessary for the good order of the Asylum,
and make report to each stated meeting of the Board, and at such
other times as they may deem necessary.

Resolved further , That the following rules be adopted for the
government of the monthly committees, the ladies’ committee and
superintendent, matron and teachers:

I. That the mode of treatment of the pupils of this institution,
and of their instruction, require lenity and kindness of an exem¬
plary' nature ; and that corporal punishment ought never to be re-

Names.

Ago.

Admitted

Residence.

Remarks.

11123.

1 An,orphan, and unable to

Jabcz Gaddie,

April 10

Green county-,

; pay for board or tuition.

Hi line Sherrill,

do.

Do, do.

Lucy Barbee,

do.

Pays all charges.

Re becca Machen,

May 2,0

Simpson county,

Do. do.

Win. Morehead,

Lincoln county,

Indigent, and unable to pay.

Martha Hailey,

Jane 12

Woodford county,

Pays all charges.

Moses Lewellin,

July 1

Shelby county,

Orphan, and indigent.

Edith Lewellin,

do.

Do. do.

John Gog,tail,

July' 9

Madison county,

Pays all charges.

William Grissom,

Adair county,

Do. do.

Barney M’Mahoii,

July 23

Jefferson county,

Entirely indigent.

John Withers,

August “20

Lincoln county,

Pays all charges.

John Hoke,

Oct. 27

Jefferson county,

Do. do.

Thus. Hoagland,

Nov. 3

Fayette county,

Do. do.

THE SENATE. G7

sorted to, but in extreme cases, and then only by the authority and
consent of the monthly committee.

If. That every pupil who shall he admitted into this institution,
shall be initiated under the direction of the monthly committee;
and that no pupil shall be considered as regularly entered, until he
or she shall have been, for a time not exceeding 20 days, in the in¬
stitution, on trial; and shall also have given bond, with competent
security, if required, for the payment of the tuition and expenses,
according to the rules and regulations of this institution.

HI. That the monthly committee shall superintend the school,
and direct all that may be necessary for (lie comfort and advance¬
ment of the scholars, and the general prosperity and respectabili¬
ty of the institution. Respectable persons may be permitted to
ivisit the Asylum, when introduced by a trustee; the superintend-
fent, matron, or any member of the committee of ladies.

IV. That the monthly committee, shall, from time to time, ac¬
cording to the season, proscribe the hours of meeting and dismis¬
sion from school. When in school, and during the hours of in¬
struction, the pupils are under the government of the teacher or
teachers; at other times and places, the superintendent and mat¬
ron, are expected to have the charge and care of them.

Y. If a scholar shall persist in playing truant, or his parents
or guardians detain him from school without a proper excuse, the
superintendent and teacher shall report the same to the monthly
committee, who shall thereupon make such order as the case may
require.

VI. No parent or guardian shall interfere with the govern¬
ment of a child in the school; but in case of dissatisfaction, they
may refer their complaints in writing, to the monthly committee,
who shall act thereon as the case may require.

VII. That in all cases requiring further rules for the govern¬
ment of the institution, not hereby provided for, the monthly com¬
mittee shall have power to act, subject to the supervision and de¬
termination of the board, to be reported at the expiration of their
term, with whatever relates to their transactions.

Kentucky Institution for the tuition of the Deaf and Dumb.

DEBIT.

January, 1823—'To- cash received from the treasury, §3.000 00
1823. CREDIT.

April 11—By cash paid for board of D. C. Irvine, be¬
fore the commencement of the school, 20 00
May 22 —Paid for same, after school commenced, 5 00
Paid D. C. Irvine, for services as teacher, 40 00 ■

Jan. 11—Cash paid for books,.stationary, &c.

purchased at New-York,’ ' 14G 55

Paid for carriage of do. 9 00

JOURNAL OF

Paid for two large desks, sundry benches
and one large black hoard, painting, Slc.
laid for stationary, &,c. lor indigent pu-
pils,

Paid for printer’s bill,

Paid for postage,

1 aid for Mr. Mitchell’s expences fromNew-
York to Danville, as per contract,

Mr. Mitchell’s salary, up to 3d Nov. 1823,
House-rent, up to 3d November,

Amount of Mr. Kerr’s account for hoard¬
ing indigent pupils, to 3d November,
Amount of his salary, up to 3d Nov.
Amount of his account for wood furnished

Balance on hand,

'ho pay, up t 0 3d No-

Tuition fees due
vember 1823,

Probable amount of cxpcnccs the ensuing yt'ar.
of teacher and assistant teacher, including

bich it is supposed will be required to sup-

THE SENATE.

lien l ofliouseand ground,

. Incidental expences, fuel, stationary, &c.

(Deduct, for probable amount which will be re¬
ceived from the treasury, for the support of in¬
digent pupils,

jfflProbable amount which will be received from
pupils who will pay,

$ 3,400

600-2,100

•3 $ 1,300

Present amount of funds on had, 2 025 70

sfflpne third of subscriptions, which will fall due the 1 st
t of January 1324, 333 33

$ 2,349 03

Whereupon Mr. M’Afee moved the following resolution, to wit:

Resolved by (he General Assembly of the Gommumvenilh of Kentucky,
That the report of the Trustees of the Deaf and Dumb Asylum,
land the accompanying documents, be referred to a joint committee
■of four from the Innate and eight from t he House of Representa¬
tives, with power to report bv bill or otherwise.

The rule being dispensed with, it was taken up and adopted.

Ordered, That Mr. M’Afee inform the House of Representatives
thereof, and request their concurrence.

Messrs. M Afee, Roper, Barbee and Marshall were appointed a
committee on the part of the Senate, pursuant to said resolution.

I he Senate received from the Governor, by Mr. Waggoner, a
message in writing. The rule being dispensed with, it w'as taken
up and read as follows, to wit:

Gentlemen of the Senate,

1 nominate for your advice and consent. Joseph R. Given, to be
commissioned Sheriff of the county of Caldwell, in the place of
David Osborn, resigned; to continue in office lor and during the
balance of the teim lor which the said Osborn was commissioned

JOHN ADAIR. ’

November 8 th, 1823.

Resolved, .1 hat the Senate advise and consent to said appoint¬
ment, and that Messrs. Lyon and Dawson inform the Governor
thereof.

t he Senate received a message from the House of Represenla-
(ives, announcing the passage of a bill from the Senate, entitled
l- an actfor the benefit of the children of Hannah Porter;” and
that they had passed bills of the following titles: An actfor the

JOURNAL OF

relief of the executrix and executor of William Gaunt, deceased';
an act for the benefit of the heirs of Robert JVTCormick, and an net
for the benefit of George Mattingly.

Which bills were severally read the first time, and ordered to be
read a second time.

The rule being dispensed with, the second bill was read a sec¬
ond time, and committed to the committee for courts of justice.

An engrossed hill for the relief of certain aliens, was read a 1
third time, and committed to Messrs. Ewing, Carncal and Mar- $
shall. And after some time, Mr. Ewing reported the same with j
amendments; which were concurred in, and the bill ordered to be
engrossed and read again.

Mr. Williams, from the joint committee of enrolments, reported
that they had examined enrolled bills ofthe following titles, to wit:

“ An act allowing certain Judges further time to remove into their
respective districts,” and “ an act to alter ‘he times of the sitting
ofthe Estill circuit court;” and had found the same truly enrol¬
led.

The Senate received a message from the House of Representa- i
fives, announcing that their Speaker had signed said bills.

Whereupon the Speaker of the Senate signed them, and they I
were delivered to the joint committee of enrolments, to be laid
before the Governor. And after some time, Mr. Williams report- ’
ed that they had performed that duty.

A bill to establish the county of Graves, and a bill for the benefit
of Joshua Barbee and the devisees of John Barbee, deceased, were
severally read a second time, and ordered to be engrossed and
read a third time.

The rule being dispensed with, and the former bill having been I
engrossed, it was read a third time.

Resolved, That the said bill do pass, and that the title be, “an f
act to establish the county of Graves.”

Ordered , That Mr. Lyon inform the House of Representatives H
thereof, and request their concurrence.

The following bills were reported, to wit:

By Mr. White—A bill to incorporate the Republican Circulat¬
ing Library Company.

By Mr. Barrett—A bill to amend the several acts concerning the J
town of Cynthiana.

And by Mr. Lyon—A bill for the benefit of the heirs of David
Davidson, deceased.

Which were severally read the first time, and ordered to be read
a second time.

The rule being dispensed with, the two former were read a sec- u
ond time, and ordered to be engrossed and read a third time; and
the first, having been engrossed, was read a third time.

Resolved , That said bill do pass, and that the title be, “ an act to
incorporate the Republican Circulating Library Company,”

THE SENATE. 71

Ordered, That Mr. White inform the House of Representatives
thereof, and request their concurrence.

A bill to alter the State Road through Hardin count}', was read
a second time, and committed to Messrs. Barbee, Miller and Wick-

( Leave was given to bring in the following hills, to wit:

On the motion of Mr. Ewing—A bill to amend the laws relative
3 civil proceedings.

And on the motion of Mr. Dawson—A bill for the benefit of
ilisha Lyming.

Messrs. Ewing, C. H. Allen and Denny were appointed a com¬
mittee to prepare and bring in the former; and Messrs. Dawson,
M’Afee and Wick lid', the latter.

\ Mr. C. Allan read and laid on the table a joint resolution rela¬
tive to the apportionment of the next representation.

^ The message from the Guvernor, making certain nominations,
Bvas taken up and read as follows, to wit:

Gentlemen of the Senate,

I I nominate for your advice and consent, the following gentle¬
men, to be commissioned during good behaviour and their resi-
gdence within the bounds of their respective commands, viz.

Stephen Mullens, major of the 21st regiment Kentucky militia,
vice Joseph Wingate, removed.

Robert Barnett, brigadier general of the 12th brigade, vice
William Ewing, refused to accept.

JOHN ADAIR.

November 7th, 1823.

Resolved, That the Senate advise and consent to the appointment
of the former; and the latter was laid on the table.

Ordered, That Messrs. Rudd and Wickliff inform the Governor
thereof.

The Speaker laid before the Senate a letter from the President
.of the Bank of the Commonwealth, covering the annual report and

JOURNAL OF

Bank of the Commonwealth, Nov. 6, 1823.

To llie Members of the Senate and House of Representatives.

I have the honor to report to the General Assembly, that in
pursuance to the provisions of their Act of the 5th of Decem¬
ber 1822, there has been cancelled by burning, in the course
oi the present year, ($573,035 25,) five-hundred and seventy-three
thousand and thirty-live dollars and twenty-five cents, of the notes
of this bank. Owing to the failure of the Princeton and Louis¬
ville branches, to furnish estimates of (lie amounts received by
them upon calls and voluntary payments, between the 1st of Ju¬
ly and 1st of October last, and our consequent inability to ascer¬
tain with precision the sum which ought, according to law, to
have been burned, on the first monday of the present month; it
will probably be found that the amount of paper burned on that
day, is not equal, by a few thousand dollars, to the sum which
ought to have been cancelled and destroyed. The estimate from
the Louisville branch has since been received; but that from
Princeton is still wanting.

If the decided measures adopted by the last legislature for the
reduction of our paper currency, and if the actual cancellation and
destruction of so large an amount of the notes of this bank, have
not had all the good effects, or produced that enhancement of the
value of its paper, which might have been anticipated, it can¬
not be doubted, that thej' have prevented a g’reater depreciation,
and that it the same measures or others of a like tendency, are
persevered in, they must at no distant period, restore the credit
ol the bank, and improve the value of its paper.

1 he Princeton branch has.furnished us with a list of its debt¬
ors, but has failed to make a report of its situation on the 1st of
October last, and the Louisville branch lias also failed in reporting
its situation on that day, and in furnishing a list of debtors.
I liese reports have probably been delayed by some accident, and
will be communicated to the legislature as soon as received. The
situation of this bank and all its other branches, will be ascer¬
tained by a reference to the reports and tables that are herewith
transmitted. In consequence ol our failure to receive the reports
of the two branches above-mentioned, they have not been embra¬
ced in the general statement of the situation of the Bank, which
accompanies this communication. It was thought better to wait
the receipt of their reports, than to attempt any partial or conjec¬
tural statement of their situation. When these rep or - shall reach
the legislature, they will then have a full view of ihc situation of
the whole institution.

There yet remains, in this Bank, an inconsiderable amount of
notes, ot the smaller denominations, which were prepared for the
branches, but have not been applied for. The total amount of

THE SENATE.

Botes heretofore issued and payable by the bank, is ($2,925,945,
93 .) two millions, nine-hundred and twenty-five thousand, nine-
hundred and forty-five dollars, and ninety-three cents; and after
deducting therefrom, the amount cancelled by burning, and the
amount now in bank, exclusive.of deposits, there will remain in
circulation, as appears by the accompanying statement, ($2,295,-
129 85) two millions, two hundred and ninety-five thousand, one-
hundred and twenty-nine dollars, and eighty-five cents; and this
last mentioned stun, will no doubt be found subject to some further,
but inconsiderable deduction, when the reports from the Louisville
and Princeton branches are received.

Upon a general review, it appears, that exclusive of all expen-
ces, the whole interest or profit accruing to the bank, from the
commencement of its operations up to the 1st of July, 1822, (being
a period of between fourteen and fifteen months.) amounted to the
sum of (,$‘140,633 66) one hundred and forty-thousand, six-hun¬
dred and thirty-eight dollars, and sixty-six cents; and that after
deducting therefrom, the appropriations made by the legislature
I to the literary fund, and to other objects, there remained due to
the treasury, ($61,248 34) sixty-one thousand, two hundred and
forty-eight dollars, and thirty-four cents. It also appears that the
amount in like manner accruing from the 1st of July 1822, to the
1 st of July 1823,and subject to the like deductions, was ($112,527
33) one hundred and twelve thousand, five hundred and twenty-
seven dollars, and thirty-three cents; and that the balance thereof
due to the treasury on the last mentioned day, w r as ($46,403 07)
forty-six thousand, four hundred and three dollars, and seven

cents.

The mode which has been finally adopted by the Directory for
the management of the literary fund, is somewhat variant from
that indicated in my last report. The orders of the board of di¬
rectors, in relation to that subject, are herewith transmitted, and
it is only necessary to add that the fund is now distributed and
managed in conformity to those orders.

In the general regulation ofthe bank, no material change or al¬
teration has been made. It is my duty, perhaps, to remark, that
the greatest difficulty likely to be experienced, in the management
of such an institution, is to keep alive in those who are charged
with indirection, an active and regular attention toils concerns.
The state alone is immediately interested in the fate ofthe bank;
and without the impulse of private interest, individuals the most
upright, and well-intentioned, are apt to grow weary and indif¬
ferent in the performance of troublesome and unprofitable duties;
and from this sort of lassitude and negligence, whenever it shall
prevail to any considerable extent among the managers af the
bank, none but the most unfavourable or ruinous consequences
can be expected. In some of its dcpartmcnts.it is feared, that

•K

74 JOURNAL OF

there has "been already an abatement of that animated and regu¬
lar attention to its concerns, which the public interest requires.

In the hope that it might he attended with some good conse¬
quences, and might have the effect of rousing and quickening the
attention and diligence of the branches, wherever such excite¬
ment was necessary, the directors of this bank ordered a gene¬
ral visitation of them to be made by the principal cashier, and du¬
ring the course of the last summer, that duty was performed by
him, in relation to all the branches, (except that at Louisville,) in a
manner very satisfactory to the Directory, and it may be hoped,
useful to the institution. But; the best and most cflicacious reme¬
dy for the evils to be apprehended from inattention or negligence,
or mismanagement of any sort, is to he found in the wisdom and
discretion of the legislature, exercised in the careful selection o
the individuals, to whom it confides the high and important trus
Of managing and directing the affairs of the bank.

I have the honor to be,

With great respect. &c.

J. J. CRITTENDEN.

At a meeting of the Board of Directors, of the Bank of the
Commonwealth of Kentucky, 21 si. February, 1823,

Ordered, Theft in the books of this Bank, and each of its branch¬
es, an account shall be opened with the Literary Fund.

Ordered, That one half the net profits of this institution, which
had accrued in this bank, and each of its branches, on the 1st day
of July, 1822, shall be transferred to the credit of the Literary
F und.

Ordered, That on the 1st day of July, in each year, one half
the net profits of this bank and its branches, which had accrued
during the preceding year, shall be transferred to the credit of
the Literary Fund.

Ordered, That on the first day of July, in each year, there shall
be added to the Litterary Fund, six per cent on the amount there¬
of, as it existed on the first day of the preceding July, or on so
much thereof, as may not have been withdrawn for the use oi
schools, as interest thereon, which shall constitute a part of the
principal thereof.

Ordered , That one halt the net profits of each branch of this
bank, shall remain in the several branches where they have accru¬
ed, or may hereafter accrue; which branches may proceed to
loan the same on good security.

Extract from the minutes,

EDMUND H. TAYLOR, Clerk.

[tU?” See Statement on the opposite page.']

And then the Senate adjourned.

Sloe

Lite

4,135

855

Not'anches,

Disj

417,247

Indies,

8,600

75-430,888

1,952,469

103,677

3,231

L '

72,363

ptj)

2,939

Kill

ire-
1 so
: of
the

:his

ru¬

[Senate Journal.] A STATEMENT ™

L [io lace page 74.],

Of the situation of the Bank of the Commonwealth of Kentucky, on the ls< of October. 1823, ( omitting the Branches in Louisville and Princeton, from which no

reports fur the last quarter have been received.) ^

Stock.

Literary

Fund.

Notes paya¬
ble.

| Individual
Discounts depositors.

Due to
other
Banks.

Notes

discounted.

Principal Bank,

120,024 63

9,527 48

264,168 63

4,110 95

32,678 44'55.944 91

291,884

llr.in Harrodsburg,

12,7.4 94

267,466 25

2,936 27

8,651 71

3,251 69

227,441 33

Lexington,

13,284 9b

211,125

3,482 10 103,532 20

223,302

Winchester,

14,628 20

268,508 87

2,'80 58

22,700 02

237,783 96

Mountsterling,

3,339 06

92,407 75

1,981 03

826 91

2,248 14

85,922 97

Elcmingsburg,

9,28:1 30

168,269 25

2,188 52

4,432 04

200

145,011

Falmouth,

7,551 07

162,202

2,150 40

1,200 01

141,733

Somerset,

6,3.28 37

130,475 50

2,055 5!)

750 12

122(938 52

GrCensburg,

10,189 69

184,508

2,546 08

2,338 86

7,243 81

176.142 86

Hartford,

5,429 97

90,749 To

1,014 51

2,517 83

16,181

112,433

Bowlinggrecn,

10,990 54

189,271 51)

1,065 o7

4,468 65

10,884 50

187,877 26

Dollars,

120,024 65

103,351 Cl

2,035,852 50

26,291 81

184,096 75

95,954 05

1,952,469 90

Notes in
suit.

Real

Estate.

Due from
other
banks.

General

expell¬

ees.

Cash on Han

D.‘

Specie

Eastern

Notes.

B'lc. Com.
& branches

u.s.

notes.

B. K>. &

branches

10,056

30,077 95

328 41

319 25

610

151,621 43

29,892

1,750

4,644 07

34 74

342 72

200

80,900

21,354 65

1,080 29

9,472 33

690 44

96 51

boo

53,024 48

4,450

2,8.53 39

162 62

11,478 91

2,492 48

6,488 01

748 81

29(491 81

141

3,875 40

1,025

483 43

38 52

25.848 i:

100

2,396 90

6,322 39

7,684 98

17° 75

14,644

456 41

329 61

11 56

15,242

2,039

2,303

41 45

19 61

4.439

613

25,956 20

12 48

1,579 12

1 ,256

103,677 70

3,231 41

72,363 94

2,939 9G

1,135 62

855

417,247 1

8,600 75

Dr.

Stock, ....

120,024

Literary Fund,

103,351

Notes payable,

2,035,852

Discounts, (since 1 st July last,)

26,291

Individual depositors,

184,096

Amount due to other Banks,

95,954

RECAPITULATION.

By cash on hand, viz. Specie,

Eastern Notes, ...

Notes Bank of the Commonw'th &. branches,
Notes Bank of the United States,

Notes Bank of Kentucky and branches,
Notes discounted, ...

Notes in suit, ....
Real estate, ....
Amount due from other Banks,

General expences, (since 1st July last,)

C'r.

4,135

855

417,247

3,600

75-430,888

1,952,469

103,677

3,231

72,363

2,939

$ 2,565,571

two small

items, consist en-

112,527

4,219 13

$2,565,571 39 ,

The debts in the above table, stated to be “ due to other Banksf and “ due ft
tirely <>1 balances in the 1 lincipal Bank and Branches, due, one to another, in account current; and when the reports of the
Branches come to be taken into the calculation, these two accounts will be nearly balanced.

Net profits the current year, ending June 30lh, 1823, - .

Ol tiiis sum theic is appiopi iated, as interest on the Literary" F und, as it existed on the 1 st July 1822, and carried to the credit
ofthatfund,

Aftei deducting the interest from the above amount of profits, one half of the residue is also carried to the credit of the Literary

Fund, amounting to 54 154 08

The balance of profits is appropriated as follows, viz. To the credit of the Treasurer, .... 46A03 07

Ditto Southern College, .... 1,194 29

Ditto Centre College, .... 1,377

Ditto Transylvania University, - I - 5,179 76—112,527

VV bole amount of Notes issued, (including the Branches in Louisville and Princeton,)

Whole amount cancelled by burning, up to 3d November 1823, 573035 25

Deduct Notes of the Harrodsburg Branch, included in the above amount of Notes issued, but which are omitted to re entered

on the books of that Branch, 1 gg^

Ditto, Winchester Branch, which were overcharged by the Principal Bank, ygO

Amount remaining on hand on the 1 st October 1823, after deducting a sum necessary to satisfy all demands then existing

against the Bank, and also the amount of notes cancelled on the 3d November 1823, s 55 706 83—630 816 08

33:

2,925,945 93

Leaving in circulation, including the amount due to individual depositors, and exclusive of any estimate to be deducted for the branches

in Louisyille and Princeton, 2 =>95 109 85

Attest, 0. G. WAGGENER, Cashier.

THE SENATE.

MONDAY, NOVEMBER 10, 1823.

The Senate assembled.

■ The Lieutenant-Governor heipg absent, Vv illiam B. Blackburn
was elected Speaker of the Senate pro tern, and was conducted to
ttc chair by Messrs. Ewing and M'Afee.

■ Thomas Towles, Esq. the senator from Henderson, Ilopkins and
Union counties, appeared and took his seat.

S Mr. Dawson presented a petition from Balaam Thompson, stat¬
ing that, from casualty, certain papers had been lost, which would
have enabled him to perfect his legal litle to a certain tract of land,
aMdpraying that a law may pass, vesting the title in him; which
was received, read and referred to the committee for courts ofjus-
lice.

; The Senate received a message from the House of Representa¬
tives, announcing the passage of a bill from the Senate, entitled
“Ann act to legalize the proceedings of the Hickman county court;
that they had concurred in the resolution uppointing a joint.com¬
mittee in relation to the report from the Asylum of the Deaf and
Dumb, and had appointed a committee on their part; and that
they laid passed bills of the following titles: An act to amend the
law respecting the emancipation of slaves, and an act for the relict
of the widow and heirs of Thomas Lewis, deceased.

.The said bills were severally read the first time, and ordered to
be read a second time. .

, The. rule was dispensed with, the latter bill read a second time,
and committed to the committee for courts of justice.

: Mr. Ewing, from the committee appointed for that purpose, re¬
ported a bill to amend the laws relative to civil proceedings;
which was received and read the first time, aud.ordered to be read
a second time.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Howard—1. A bill to enforce the obliga¬
tion of contracts.

y On the motion of Mr. Beauchamp—2. A bill to provide for the
improvement and cultivation of certain lands in this common¬
wealth.

On the motion of Mr. Dawson—3. A bill concerning Kentucky
land warrants which may have been lost; and 4. a bill to author¬
ise the executors of Brumfield Long to conve) r certain lands.

And on the motion of Mr. Miller—5. A bill to amend the penal
laws of this commonwealth.

Ij Messrs. Howard, Marshall, Denny and Roper were appointed a
(Committee to prepare and bring in the first; Messrs.Beauchamp.

Allan and Bowman, the fourth; and Messrs. Miller, Forsythe '
Beauchamp and Faulkner, the fifth. ’

Mr. Barbee, from the joint committee of enrolments, reported
that the committee had examined an enrolled bill entitled “anact
for the benefit of the children of Hannah Porter,” and had found
the same truly enrolled.

The Senate received a message from the House of Represents
tives, announcing that the Speaker of that House had signed (he
said bill.

R hereupon the Speaker of the Senate affixed his signature
thereto, and it was delivered to the joint committee, to he present
ed to the Governor. And after a short time, Mr. Barbee reported
that they had performed that duty.

Mr. Lvonotfercd the following resolution, to wit:

. ^solved, That a committee of public lands be appointed, to con-
sist of five members, who shall meet and adjourn from day to dayj
and take into consideration all matters relating to the public landf
in this commonwealth, and such other matters as shall, from time
to tune, be referred to them, and report their proceedings, with I
their opinion thereupon, to the Senate, by hill or otherwise; and
the said committee shall have power to send for persons, papers I
and records, for their information.

Which was twice read and concurred in.

Messrs. Lyon, C. Allan, Worthington, Ewing and M’Afee were I
then appointed a committee to act on the subject.

1 ne Senate received a message from the House of Representa¬
tives, announcing that they had'passed a bill entitled “ an act lo|
authorise the Editor of the American Sentinel to insert certain ad-i
veitisements.

The hill was read the first time, and ordered to he read a scc-i
ond lime; and the rule being dispensed with, it was read tho sec-i
ond arid third times.

Resolved. That the said bill pass, and that the Clerk inform the I
House ol Representatives thereof.

Mr. Howard offered the following resolution, to wit:

Resolved, That a committee, cbhsisting of live members, he rais- I
ed. to take into consideration the amount of debt due the common- I
w ealth foi the sale of its vacant lands lying south of Green river, a ! ll
well as of five amount of debt due for the sale of her lands lying I
within the Tellico grant, and report thereon by bill or otherwise.

Which being seconded, and twice read, Mr. Ewing moved an \
amendment, to make the proposition read thus:

Resolved , That a committee, consisting of five members, be rais- [I
ed, . take into consideration the amount ?f debt due the common- |
wealth for the sale of vacant lands.

I THE SENATE. 77

\nd the question being token thereon, it was resolved in the
affirmative—Yeas 20. nays 8.

The yeas and nays being required thereon by Messrs. Howard

iind Gorin, were as follows, to wit:

Those who voted in the affirmative, are. Messrs. Ballinger, Bar-
■Ltt, Beauchamp, Cameal, Davidson, Dawson, Ewing, Forsythe,
jbortn, Lyon, M’Afee, Marshall, Miller, Morehead, Roper, Rudd,
■Towles, J. Ward and Worthington. •

1 Those who voted in the negative, are. Messrs. C. Allan, Barbee,
Ocnny, Duncan, Faulkner, Howard, Wickliff and Williams.

Mr Carneal then proposed to lay the matter on the table until
he first day of June next; and the question being takei^liereon, it
vas resolved in the negative—Yeas 5, nays 20.

The yeas and nays being required thereon by Messrs. Howard

and Gorin, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Ballinger, Lar-
Jneal, Dawson, Duncan and Worthington.

Those who voted in the negative, are, Messrs. C. Allan, Bar¬
bee, Barrett, Beauchamp, Davidson, Denny, Ewmg, Faulkner,
Forsythe, Gorin, Howard. Lyon, M’Afee, Marshall, Miller, More-

head', Roper, Rudd, J. Ward and Wicklill.

The resolution was then adopted, and Messrs. Howard, W>ck-
llliff, Faulkner, C. Allan and Towles were appointed a committee
to act thereon.

The bill concerning county courts, was taken up, amended at
{•ythe clerk’s table, and ordered to be engrossed and read a third

time. „ ., _ ., ,

A A bill for the. relief of the heirs of David Davidson, was read
the second time, amended at the clerk s table, and committed to
' Messrs. M’ A fee, Lyon, Ewing and Roper.

The Senate received a message from the Governor, by Mr.
■Secretary Monroe, announcing that lie had approved and signed
1 the bill entitled “ an act for the benefit of the children of Hannah

TUESDAY, NOVEMBER 11, 1823.

The Senate assembled.

The Senate received a message from the Governor
Waggener, containing the nomination of Drury IV. Boo
tenant colonel of the 91st regiment; and announcing, tha
day the Governor had signed an enrolled bill, which o
in the Senate, entitled “ an act allowing certain Judge,
tunc to remove into their respective districts.”

Mr. Dawson, from the committee appointed for that
presented a bill to authorise the executors of Brumfield
convey certain lands; which was received and read the fi
and the rule being dispensed with, it was read the second t
ordered to be engrossed ;y>d read a third time.

Mr. M Afee, from the joint committee appointed on tin
from the Asylum for the education of the Deaf and Dumb
the loJlowuig preamble and resolution:

j° f int co »™ittee to whom was referred the annual,
the I rustces of the Asylum for the education of the D
Dumb, having taken the same under their consideration an
ing it as an institution of great importance to the State
ucky, as well as to the Western Country in general, and
mg that an accurate knowledge of the methods of commun
infoimation to Mutes, wmuld be better understood by aners
spection of a committee of both branches of the Legislate
leave before they recommend ultimate measures, to rci
part, the following resolution: J

THE SENATE.

, R eso lved by the General Assembly, That a joint committee of two
from the Senate and four from the House of Representatives, be
appointed to visit the institution, and make report of the state and
condition of the same, and such other matters as to said committee
may seem interesting.

f J ' ROBERT B. M’AFEE, Senate.

J. D. BRECKINRIDGE, H. Rep.

£ Which being received, was read; and the rule being dispensed
with, was concurred in.

V Ordered , That Mr. M’Afee inform the House of Representatives
thereof.

i ! On the motion of Mr. Wickliff, leave was granted to bring in a
bill to repeal an act approved the 14th of February 1820, to ap¬
propriate lines and forfeitures for the purpose of promoting educa¬
tion; and Messrs. Wickliff, Beauchamp and Gorin were appointed
a committee to prepare arid bring in the same.

' A bill to amend the laws relative to civil proceedings, was read
the second time, and committed to Messrs. Beauchamp, Ewing,
Denny and Bowman.

A bill from the House of Representatives, entitled “ an act to
amend the law respecting the emancipation of slaves,” was read
the second time; and the rule being dispensed with, it was read a
third time.

' Resolved, That the said bill do pass, and that the Clerk inform
the House of Representatives thereof.

7 . A bill from the House of Representatives, entitled “ an act for
the benefit of George Mattingly,” and a bill entitled “an act for
the relief of the executrix and executor of William Gaunt, de¬
ceased,” and an engrossed bill entitled “an act concerning county
courts,” were severally read the third time.

" Resolved, That the two former bills do pass, and that the Clerk
inform the House of Representatives thereof.

‘ The latter bill was re-committed to Messrs. Beauchamp, C,
Allan, Denny and M’Afee.

And then the Senate adjourned.

WEDNESDAY, NOVEMBER 12, 1823.

The Senate assembled.

Mr. Ewing presented the petition of sundry citizens of Hopkins
Hi county, praying to be added to Christian county.

Mr. Marshall presented the petition of the President and Direc-
I tors of the Frankfort and Shelbyville Turnpike Company, prac? g
R that their powers may be extended, and for a loan from the Bank of
J the Commonwealth.

■H

to JOURNAL OF

Mr. Lyon presented the petition of Charles Brandon, prayiJ
that he may have the pre-emptive right to a quarter section of land

)G wu -t u lcnnessee nv ’ er > u P on his paying the minimum price.'

Vi hich were severally read, and referred, the two former to the
committee of propositions and grievances, and the latler to the
committee of public lands.

Leave was given to bring in the following bills, to wit-
On the motion of Mr. Blackburn—A hill better to secure the
light ot property to married women and their children.

And on the motion ofMr.Towles-A bill to guard and protect
the estates of wards, infant heirs and devisees.

Messrs. Blackburn, M’Afee, C. Allan, Beauchamp and Towle.

™T ,PP01 'm d ? c # mittee t0 Prepare and bring in the former,
and Messrs. Towles, Flournoy and Marshall, the latter.

ilr. Blackburn, from the select committee appointed for that
purpose, reported a hill to revive and continue in force part of the 1
act concerning the Bank of Kentucky and the Bank of theCom-
monwealth of Kentucky, approved December 5, 1822: which was
read the first time, and ordered to be read a second time.

and reaAW U l| 10n l ° the ratio ’ tvas taken up, amended,

and lead as follows, to wit:

Resolved by the General Assembly of the. Commonwealth of Kentucky,

that in apportioning the representation for the next four rears,

IQtl ? Shal be so llxed as t0 reduce the number of representa¬
tives and senators. 1

rlnv 1 ^? 01 ’ 111 m0 r d t0 , ]ay the resolution on the table until the first
day o June next; and the question being taken thereon, it was re¬
solved in the affirmative—Yeas 20, nays u.

J he yeas and nays being required thereon by Messrs. Hickman
and Dawson, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Ballinger, Bar- ! i
bee, Beauchamp, Bowman, Carneal, Dawson, Denny, Duncan

Smiffi’ Wrf wnTff L.voffi i\TAfee,Marshall, Morehead, Rudd.
bmilh, lute, lcklifTand Worthington,

Those who voted in the negative, are, Messrs. C. Allan, Barrett f

E?S,S s wi. l ^I k " er ’ Flmn '° 7 ' Hlc6m “’ f

The Senate received several messages from the House of Ren- 1

Stte^ 0UnCin l th f t -n had received officia! i'^ormS- |

Ited n thJ W S1 ? nCd an enrollctI bilJ > which origin- I

ated in that House, changing the time of holding the Estill circuit 1

court, and had concurred in a resolution from the Senate, fornp- I
Fh° n ing f aJO a in A CO r ittee to visitt,le Asylum for the education Ft I
for the relief irf Agnes Pye ***-»» «* I

fcoon h d timc bi " W “ read *• fat ,ime ! ?■*oriort to bo read a

THE SENATE.

ce.

the

tect

vies

ier.

hat

the

no¬

vas

cd,

%,
irs,
ta¬
rs t
re-

ir-

Id,

i? Whereupon Messrs. Roper and Towles were appointed a com¬
mittee on the part of the Senate, pursuant to said joint resolution.
JftAn engrossed bill entitled “ an act to authorise the executors of
Brumfield Long to convey certain Inntfe,” was read a third time.
Miesolvcd, That the said bill do pass, and that the tide be, “an
agt to authorise the executors of Brumfield Long to convey certain
Muds.”

M Ordered, That Mr. Dawson inform the House of Representa¬
tives thereof, and request their concurrence.
i$Mr. Williams, from the joint committee of enrolments, reported
that the committee had examined enrolled hills and an enrolled re¬
solution, of the following titles, to wit: An act to legalize the pro¬
ceedings of the Hickman county court; an act to authorise the
Editor of the American Sentinel to insert certain advertisements,
and a resolulion appointing a joint committee upon the report
from the Asylum for the education of the Deaf and Dumb; and
had found the same truly enrolled.

Tiie Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills and re¬
solution.

Whereupon the Speaker signed said bills and resolution, and
they were delivered to the joint committee, to be laid before the
Governor. And after some time, Mr. Williams, lrom said com¬
mittee, reported that they had performed that duty.
nSThe Senate received a message, by Mr. Secretary Monroe, an¬
nouncing that the Governor did, on this day, approve and sign an
enrolled bill and resolution, which originated in the Senate, ol
the following titles, to wit: An act to legalize the proceedings of
the Hickman county court, and a resolution referring the report
of the Trustees of the Deaf and Dumb Asylum to a joint com¬
mittee.

' Ordered , That the Clerk inform the House of Representatives
thereof.

And then the Senate adjourned.

tt,

■d,

THURSDAY, NOVEMBER 13, 1823.

P" The Senate assembled.

a ' . Mir. John Cowan, senator from Pulaski county, appeared and
took his seat.

^ The Senate received a message from the Governor, by Mr.

Waggener; and the rule being dispensed with, it was taken up
31 -ad read as follows, to wit:

) ■ ' Gentlemen of the Senate ,

I nominate for your advice and consent, Cl aries Ward, to be
a Commissioned Sheriff of tue county of Mason, in the place of

82 JOURNAL Of

James Chambers, deceased; to continue in office for and during
the balance ot the term for which the said Chambers was commis¬
sioned.

^ Also, James Patton, to be commissioned Sheriff of the county of
the place ol John Berry, who has resigned; to con¬
ing the balance of the term for which

Harrison, in

tinue in office for and duri
said Berry was commissioned,

November 13th, 1823.

Resolved , I hat Inc Senate advise and consent to said appoint¬
ments; and that Messrs. Roper and Barrett inform the Governor
thereof.

Mr. Marshall presented the petition of Elijah Green, praying a
donation of a small tract of land in Franklin county, which ‘lately
belonged to a certain John Vanness, who died without heirs;
which was read and referred to the committee of propositions and
grievances.

Mr. Barbee, from the joint committee of enrolments, reported
that they i.ad examined enrolled bills of the following titles, to wit:
A i act for the relief of the executrix and executor of William
Gaunt, deceased; an act for the benefit of George Mattingly, and
an act to amend the law respecting the emancipation of slaves;
and had found the same truly enrolled.

Fire Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills.
i VY hereupon the Speaker of the Senate signed the same, and
they w^ere delivered to the joint committee of enrolments, to be
laid before the Governor. And after some time, Mr. Barbee,
from said committee, reported that they had performed that duty.’

Mr. Barbee, irom the select committee to whom was referred
“a bill to alter the State Road through Hardin county,” reported
an amendment in lieu ot the bill, which w r as concurred in; and the

JOHN ADAIR

A bill la revive and continue in force part of the act concerning
rhe Bank of Kentucky and the Bank of the Commonwealth of
Kentucky, approved December 5, 1822, was read a second time,
and committed to a committee of the whole house on the state of
the commonwealth.

f Ordered, That the public printers forthwith print 150 copies of
Raid bill, for the use of the Legislature.

On the motion of Mr. Flournoy, leave was granted to bring in a
/bill to authorise a lottery for the purpose of planting ai d raising
a Botanic Garden; and Messrs. Flournoy, Marshall, M’Afee . d
"Bowman were appointed a committee to prepare and bring in the
lame.

And then the Senate adjourned.

FRIDAY, NOVEMBER 14, 1823.

The Senate assembled.

, Mr. William Owens, senator from the counties of Adair and
Casey, appeared and took his seat.

The Speaker laid before the Senate the following communica¬
tions from the superintendents for repairing the Penitentiary, to
‘Wit:

Wo the honorable the Senate and House of Representatives oj the Coiii-
moHwealth of Kentucky.

The undersigned, superintendents appointed by an act of as¬
sembly, entitled an act to enlarge the Penitentiary,” &c. ap¬
proved on the 10th day of December 1822, respectfully report:

That in compliance with the requisitions of the act aforesaid,
they have caused a stone wall to be erected, enclosing, in addition
to the ground included within the old walls, one acre adjoining
thereto,.on the east and south sides of the Penitentiary: That
Jthe stone-work of the wall is completed, except the pointing there¬
of, which, on account of the advanced season, has been postponed
until the next spring; and bonds with security satisfactory to the
superintendents, for pointing the outside, also for pointing or
plastering (he inside of the wall, when required, have been given
by the undertakers, who have been paid therefor. They'also
state, that In consequence of the great depreciation of the paper
curie’ucy of this State, the contracts entered into with them, tor
the erection of the said wall, were, in their opinion, the most ad¬
vantageous for the public, which, at the time, could have been ob¬
tained; and they flatter themselves with the belief, that (he stone¬
work, when examined, will be found executed in a substantial and
satisfactory manner. For a statement of the money s, and of the
materials from the Penitentiary used by them in the erect inn nf

»•* JOURNAL OF

the wall, they beg leave to refer to their general account, here
witn submitted: and they are prepared to exhibit vouchers for tin
several items of expenditure, and also to give such explanations at
may be required of them.

No progress has, as yet, been made in erecting the solitary cell-
contemplated by the act aforesaid. The fir ds appropriated were
inadequate-to that object ; and had it been otherwise, until the
new wall was completed, the work could not have been com¬
menced, without affording to the convicts great facilities in effect-
ir,g their escape. But as the new wall renders the old wall usc-
Jess it is believed it may with propriety be taken down, and that
it will furnish stone and brick in sufficient quantity for the erec¬
tion of the solitary cells and such other buildings as may be neces¬
sary to complete the Penitentiary establishment within the wall-
also that the work may be chiefly executed by the conv icts, under
ttic direction of the Keeper, at an expence not greatly exceeding

shingles bcrequired for thc P un hase .of the plank, scantling and

We have the honor to be, with due consideration,

Your obedient servants,

J. BROWN,

JAMES WIGHT,

„ ir v CHARLES JULIAN.

J rankfort, Nov. 13, 1823.

T° the honorable the General Assembly of the Slate of Kentucky.
Ge'.tlemex:

In the communication which will be presented to you by the
superintendents for building the penitentiary wall, no notice is
taken ofthe top or capping of wood, which is at this time putting
on said wall. \ our superintendents, as such, had no authority to
vest money in that way. But, on the completion of part of said
wall, there prevailed a common opinion, that it would be much
injured by the winter rains and frost, perhaps to the amount of
what naif the capping would cost, ifit remained exposed during
thc winter. Confident of that fact myself, and feeling a willing¬
ness to protect the public property from injury, which had cost so
muen, I gave my assent to the putting the cap on said wall, agree-
!>!.y to the proposals hereunto annexed. Mr. Wight, one of the
superintendents, being an undertaker, and the other superinten¬
dent being out of the State, if (here is any objection to the con¬
struction of the cap on the wall, the censure will fall on me.
Hence, I will give my reasons for approving the plan. The pro¬
jecting eaves will coyer the intended coat of plaster to be pu t on
the inside ofthe wall, and will contribute much to the safe-keep¬
ing oi the convicts. The shingling will be a tieht and dorahlr

THE SENATE. SS

If r easi i y repaired. The intended platform for the guard to
walk the wall, will lessen the expence of guards, and is in con¬
formity with all the public works of the kind in the Eastern States
and in Europe. It has been said, that no guard can be got to walk
(be wall, as it will be so cold and so hot. It may be so; lor now
a-days, if a man is jostled while in the enjoyment of vagrant lib¬
erty,'' he bellows out it is contrary to the constitution. As to com¬
pensation to those who have furnished materials and pei loimed the
work, it rests with the General Assembly to say what and how

they are to be paid.

With the most profound respect,

Gentlemen, \oUr most obedient,

CHARLES JULIAN.

I 7’ 0 th c Superintendents fur the building of the Penitentiary Wall.
Gentlemen:

As it appears that a cap or covering is necessary tor tile wall
built around the Penitentiary, we do hereby bind ourselves to do
the carpenter’s work necessary in capping the said wall with shin¬
gles, &x. agreeably to your plan, leaving the price to be hied by a
Committee which maybe appointed by the Legislature to examine
the same, or in any other way that the Legislature may direct,
hud trust to the Legislature for compensation. Given under our
hands and Seals, this 1 9th day of September 1823. .

AMOS STOUT, [Seal.
JOHN WOODS, [Seal.
Wm. B. RATLIFF, [Seal.
JAMES WIGHT, [Seal.]

The Slate of Kentucky in account with the Commissioners for building
the Penitentiary Wall , < fyc.

DEBTOR.

For cash, penitentiary articles and convicts’labor paid
] and furnished Blanton and Evans, undertakers, for
| 2,7G8 perches and 20 feet of wall, built at §3 37 1-2

per perch, per contract, _ 9,344 25

For cash, penitentiary articles and convicts’ labor paid
and furnished Richard Taylor, undertaker, for
1,376 t-2 perches wall built at §3 37 1-2 per
perch, 4,645 63

For penitentiary articles furnished James Wight, for
making gales, and 2801b. of grating purchased of
him, . 430

ffiCash paid Baltzell for drawing papers, 1 5(9

1 Cash paid Henry Harper for locust sills for gate, 35

fflCas i paid'James Wight for horse-hire in going to
Woodford about title to ground, &c.

9,344 25

JOURNAL OF'

^asn paid James Scofield for gate timber, &c.
Cash paid Richard Taylor for picketing timber
Cash paid Amos Kendall, printer,

Gash paid J. H. HolemaD, ditto,

Cash paid Henry Spence for measuring wall
For hooks and other iron-work about the gates.

Fi ror for overcharge to Blanton and Evans, ’
Balance on hand, in Commonwealth’s Rnnl,

-- «.,u » cillCj

Commonwealth’s Bank,

By balance of money on hand, subject to the order of

the Legislature, #362 04

rep^!-t. S to wR fr ° m ^ COmmUtec of reli g>°ib made the following

The committee of religion have, according to order, had under
consideration a petition to them referred, and have come to the
.following resolution thereupon, to wit -

Resolved , That the petition of Sylvanus Lockwood, praying that

ShL r/, . lrom ,is r ft ’ »■*/ Lockwoo

Which was twice lead and concurred in.

Mr Beauchamp from the select committee to whom was re-
feired an engrossed bill concerning county courts, reported the
same with amendments; which were concurred in, aid the bill
ordered to be re-engrossed and read again.

The Senate received a message from the House of Representa¬
tives, announcing the passage of bills and a resolution of the fol¬
lowing titles: An act to amend and extend the law authorising a

Rockrastle^o^the'f' 1 ^ Ca i Ing f ron J the counties of Madison mid

sade ofTh^ real 1 psHf , ° Se f sa works; anacl to authorise the
sale ot the real estate of John Spence, deceased; an act to regu-

■THE SENATE:

8 ?

■

20 late the town of Nicholasville, and a resolution to appoint joint
committees to examine the different offices, and the Bank of Ken¬
tucky and the Bank of the Commonwealth.

50 Mr. Barbee, from the joint committee of enrolments, reported
50 that they had examined an enrolled resolution appointing a joint
committee to visit the Asylum for the education of the Deaf and
04 Dumb, and had found the same truly enrolled.

— t The Senate received a message from the House of Representa-*
23 ( fives, announcing that their Speaker had signed said resolution.

| Whereupon the Speaker of the Senate signed the same, and it
was delivered to the joint committee, to be laid before the Gover¬
nor; and after some time, Mr. Barbee reported that they had per¬
formed that duty.

16 ' The following bills were reported, to wit:

By Mr. Roper—1. A bill to authorise the Judge of the Mason
Circuit court to hold a special term.

By Mr. Dawson—2. A bill for the benefit of Lydia Smith.

)2 ■ By Mr. Blackburn—3. A bill better to secure the right of prop J

erly to married women and their children.

>5 ' And by Mr. Ewing—4. A bill for the divorce of Sylvanus Lock-

wood.

i0 ;i Which were severally read the first time, and ordered to be read
_ a second time.

!3 The rule being dispensed with, the first and third bills were

- read a second time, and the first a third time, (having been en¬
grossed.)

4 Resolved , That the first bill do pass, and that the title be, “ an

act to authorise the Judge of the Mason, circuit court to hold a
special term.”

Ordered , That Mr. Roper inform the House of Representatives
, f thereof, and request their concurrence.

c y ?" The third bill was committed to a committee of the whole house-
on the state of the commonwealth.

t Mfe Ordered , That the public printers forthwith print 150 copies of
$aid bill, for the use of (he Legislature.

On the motion of Mr. Ewing,

. ' Ordered , That the committee of propositions and grievances be

, discharged from the further consideration ofthe petitions of Elijah

I ; J Veach and William Durrington; and that they be referred to the
committee of public lands.

Mr. Flournoy presented the petition of the Lexington Presbyte-
y rian Congregation, praying that a law may be passed confirming
.all leases heretofore made by the trustees, and that the law of

JOURNAL OF

SATURDAY, NOVEMBER 15, 1823.

The Senate assembled.

The Senate received a message from the Governor, by Mr,
Secretary Monroe, announcing that he did, on yesterday, approve
and sign an enrolled: resolution for appointing a joint committee
to visit the Asylum for the education of the Deaf and Dumb.
Ordered, That the Clerk inform the House of Representatives

the House of Rep
0 i-

Russell, and an act

Ordered, That the Clerk infer
thereof.

The Senate received several messages from f
resentatiyes, announcing, the passage of bills of the following ti¬
tles, to wit: An act for the benefit of Absalom T
for the better regulation of the Southern College of Kentucky and
the Harrodsburg Seminary.

Mr. Roper, from the committee for courts of justice, made the
following report, to wit:

File committee tor courts of justice have, according to order,
had under consideration sundry, petitions and a bill to them refer¬
red, and have come to the following resolutions thereupon, to wit:

Resolved, That the petition of Balaam Thompson, representing
that he purchased ol his mother a tract of land, and took an as¬
signment therefor, which has been lost, and a patent has issued to
her since her death, and praying that a, law may be passed to

Resolved, That the petition of John Anderson, one of the assis¬
tant Judges ol Hickman county, praying a compensation for trav¬
elling to and from the seat of justice, is reasonable.

Resolved, I hat a biil from the House of Representatives, entitled
11 an act to authorise the sale of the real estate of the infant chil¬
dren of Andrew Hanna,” ought not to pass.

Which being twice read, was concurred.

And the question being taken on reading the said bill a third
time, it was resolved in the negative; and so the said: bill was re¬
jected.

Ordered, That the Clerk inform the House of Representatives
thereof.

Ordered, That the committ.ee prepare and bring in a.bill pursu¬
ant to the third resolution,

The following bills were reported, to wit:

By Mr. Roper—A hill for the benefit of Joseph Ketchum.

By Mr. Flournov—A bill to establish a Botanical'Garden.

And by Mr. U icklitl—A bill to repeal the act appropriating
fines and forfeitures for the purpose of promoting education.

THE SENATE.

ill-.

>vc

.ct

r-’CS I

:p-

ti-
ic t
nil [

lie

;r, )

ll-

it: |
ig

IS-

ii- 1

s- |

V-

Which were severally read the first time, and ordered to be
feud a second lime.

The rule being dispensed with, the first bill was read the sec¬
ond and third times, (having been engrossed.)

I Resolvd , That the said bill do pass, and that the title be, “an
Sict for the benefit of Joseph Ketchum.”

Ordered , That Mr. White inform the House of Representatives
''(hereof, and request their concurrence.

Mr. Barbee, from the joint committee of enrolments, reported
that the committee had examined an enrolled bill entitled “anact
Tor the relief of Agnes P. Usher,” and had found the same truly en-
-f-rolled.

The Senate received a message from the House of Representa¬
tives, announcing that the Speaker of that House had signed the
said bilf.

? Mr. Beauchamp presented the petition of John A. Stevenson
• and wife, praying that a law may be passed relinquishing to them
the right to certain lands which have escheated to the state; which
was read and referred to the committee for courts of justice.

'j Bills from the House of Representatives, of the following titles,
to wit: 1. An act to regulate the town of Nicholasville; 2. an act
/to authorise the sale of the real estate of John Spence, deceased;
jj*3. an act to amend and extend the law authorising a turnpike on
the road leading from the counties of Madison and Rockcastle to
the Goose Creek salt-works; were severally read the first time.

I The rule being dispensed with, the first and third bills were
read a second time, and the first a third time.

Resolved, That the first bill do pass, and that Mr. Blackburn in¬
form the House of Representatives thereof.

j The. question being taken on reading the second bill a second
time, it was resolved in the negative; and so the said bill was re¬
jected.

Ordered , That Mr. Blackburn inform the House of Represcnta-
Tjtives thereof.

The third bill was committed to Messrs. Howard, Davidson and
Ballinger.

A resolution from the House of Representatives, to appoint
■C joint committees to examine the different otiices, and the Bank of
'j Kentucky and the Bank of the Commonwealth, was taken up and
H concurred in.

Ordered , That the Clerk inform the House of Representatives
thereof.

An engrossed bill concerning county courts, was read a third
| time, and committed to Messrs. Blackburn, Roper and Bowman.

A bill for the benefit of Lydia Smith, was read a second time;
J, and the rule being dispensed with, it was read a third time, (hav-
yf ing been engrossed.)

50 JOURNAL OF

Resolved, That the said bill do pass, and that the title be, “ an
act for tlie benefit of Lydia Smith.”

Ordered , That Mr. Dawson inform the House of Representa¬
tives thereof, and request their concurrence.

And then the Senate adjourned.

MONDAY, NOVEMBER 17, 1323.

Usher, and it was delivered to the joint committee of enrolments,
to be laid before the Governor; and after some time, Mr. Barbee
reported that they had performed that duty.

Mr. Owens presented the petition of Daniel Trabuc and others,
praying that the price of certain lands which they are authorised
to appropriate, may be reduced; which was read, and referred to
the committee of propositions and grievances.

Mr. Howard, from the select committee to whom was referred a
bill from the House of Representatives, entitled “ an act to amend
and extend the law authorising a turnpike on the road leading
from the counties of Madison and Rockcastle to the Goose Creek
salt-works,” reported the same without amendment, and the bill
was read a third time.

Resolved , That the said bill do pass, and that Mr. Howard in¬
form the House of Representatives thereof.

The following bills were reported, to wit:

By Mr. Ewing—A bill concerning the Frankfort and Shelby-
villc turnpike road.

And by Mr. Howard—A bill to enforce the obligation of con¬
tracts.

Which were read the first time; and the rule being dispensed
with, they were read a second time. The former was committed
to Messrs. Denny, Marshall, White and C. H. Allen, and the latter
to the committee of the whole house on the state of the common¬
wealth, for to-morrow.

Ordered, That the public printers forthwith print 150 copies of
the latter bill, for the use of the Legislature.

Fne Senate received a message from the House of Representa¬
tives, announcing the passage of bills of the following titles, to
wit: An act for taking the sense of the good people of this com¬
monwealth as to the propriety of calling a convention, and an act
for the benefit of George Payne.

Which were read the first time, and ordered to be read a sec¬
ond time.

THE SENATE.

The rule being dispensed with, the latter bill was read a sec¬
ond time, and committed to the committee for courts of justice.
Leave was given to bring in the following bills, to wit:

On the motion of Mr. Beauchamp—A bill to ameijd the law

^concerning divorces.

And on the motion of Mr. Marshall—A bill for the benefit of the
[children of Charles Sproule.

Messrs. Beauchamp, Ewing* Flournoy and Owens were appoint¬
ed a committee to prepare and bring in the former; and Messrs.
Marshall, Flournoy, Denny and Roper, the latter.

Bills from the Flouse of Representatives, of the following titles,
to wit: An act for the benefit of Absalom Russell, and an act for
■ the better regulation of the Southern College of Kentucky and
the Harrodsburg Seminary, were severally read the first time, and
lordered to lie read a second time.

The rule being dispensed with, the latter bill was read a second
tj| time, and committed to Messrs. Roper, Dawson, M’Afee and Mar¬
fa shall; and after some time, Mr. Roper reported the latter bill
: ''l with an amendment, which was concurred in and the bill read a
jthird time.

Resolved, That the said bill, as amended, do pass, arid that the
at title be, “an act for the better regulation of the Southern College
H of Kentucky, and for other purposes.”

Ordered, That the Clerk inform the House of Representatives

i? thereof.

The following bills were read a second lime, to wit: A bill for
Ltlie divorce of Sylvanus Lockwood; a bill to establish a Botanical
■Garden, and a bill to repeal the act appropriating fines and for¬
feitures for the purpose of promoting education.

The first was committed to Messrs. Owens, Ewing and Smith;
, the second ordered to be engrossed and read a third lime, and the
third committed to Messrs. WicklifF, Barbee and Dawson.

Mr. C. H. Allen read and laid on the table a resolution deelar-
i,;' ing the power of the Legislature to pass a law extending the right
\ of replevin.

And then the Senate adjourned.

TUESDAY, NOVEMBER 18, 1823.

The Senate assembled.

The Lieutenant-Governor appeared and resumed his duties.

Mr. Williams, from the joint committee of enrolments, reported
that the committee had examined enrolled bills and an enrolled re¬
solution, of the following titles,.to wit: An act to regulate the town
of Nicholasville; an act to amend and extend the law authorising
a turnpike on the road leading from the counties of Madison and

92 JOURNAL OF

Rockcastle to the Goose Creek salt-works; a resolution to appoint
joint committees to examine the different offices, and the Bank of
Kentucky and the Bank of the Commonwealth; and had found the
same truly enrolled.

The Senate received a message from the House of Representa-
s!dulion ln ° UL1Clng that their S P eaker ilad signed said bills and re-

Whereupon the Speaker of the Senate signed the same, and
ley were delivered to the joint committee, to be laid before the
Governor; and after some time, Mr. Williams, from said com-
mi M eC ’n e ^° rte< tbat bad performed that duty.

Mr. Roper, from the committee for courts of justice, made the
following report, to wit:

The committee for courts of justice have, according to order,

fp r der T°T d 7,i tlon sundr ^ P etilions to them referred, and
have come to the following resolutions thereupon, to wit:

JeM That the petition of John A. Stevenson and wife, pray-

wealffi’! l T y ke P assed relinquishing to them the common-
vealths light of escheat to certain lands, is reasonable.

Resolved , that the petition of the Lexington Presbyterian Con¬
gregation, praying that a law may be passed to confirm certain
lease, made 0 a part of their property, and that the law of 1814

11 t ? h0ld real estat ffi be extended, so
as^to authorise them to hold real estate through trustees, is reason-

IIonSfRl 6 alS ° t h ? d under consideration three bills from the I
House of Representatives, to them referred, and have come to the
following resolutions thereupon, to wit:

Resolved, That the bill entitled “an act for the benefit of the
hei rs of Robert M’Cormick,” ought not to pass.

Resolved, ^ I hat the bill entitled “an act for the relief of the

Rclhr l Th r M h T 35 L f " iS ’ dGCeased ” 0U S ht not to pass.
Panm ” 0 J/ f ^ bl “ an act <br the benefit of George

tile sum otte “hSledlolf.l ap l”' 0 P rl * ,i »" b ' '"“W*

of Chnrffi 6 m p lttee i haVe r! S ° had under consideration the memorial
a no tffin Humphreys, Esq. requesting the State to subscribe for
a portion of his Compendium of the Common Law; and whilst
thej a le unwilling to detract from the merit of the work, and are

from +1 tmt 11 1S ° f conslderab,e value to the community, vet
horn the present situation of the State as to her pecunS con-

thi time 1 acc P d ni ? if 16 C ° mmittee ’ (hat ^ is inexpedient, at
this time to accede to the proposnion- Therefore,

Resolved I hat the proposition be rejected.

H Inch was twice read and concurred in.

“ d b ™ S ■" “ V™*

a i

ti’

sti

vi<

foi

str

tri

ab<

ex<

Jar

per

(ha

pec

Co]

THE SENATE, 93

‘ ’ The question being taken on reading the two first bills from the
House of Representatives, it was resolved in the negative; and so
the said bills were rejected.

™The amendment to the latter bill was concurred in with an
amendment, and the bill read a third time as amended.

» Resolved, That the latter bill, as amended, do pass, and that the
title lie, “ an act for the benefit of George Payne of Union county,
and George Payne of Henry county.”

•j Ordered, That the Clerk inform the House of Representatives
thereof.

The last resolution was laid on the table,
p The Senate received a message from the House of Representa¬
tives, announcing that they had disagreed to a bill from the Sen¬
ate, entitled “an act authorising a lottery for the benefit of Hop¬
kinsville Lodge, No. 37and that they had passed bills of the fol¬
lowing titles, to wit: An act to authorise the county court of Law¬
rence to lay an additional levy: an act to provide for limitations in
certain actions; an act to declare Little Sandy river a navigable
stream; an act to provide for the correction of an error in the
conveyance of two lots in the town of Greenupsburg; an act to
prevent the removal of persons of colour who may be bound to ser¬
vice; an act further to regulate the debt due the commonwealth
for the sale of vacant lands; an act for the benefit of Mary Karr
and her children; an act for the benefit of Braddock Baker; an
act for the benefit of John Phemister; an act for the benefit of
Daniel Curd, surveyor of Barren county; an act to repeal in part-
on act entitled “an act to amend an act regulating taverns and re¬
straining tippling houses;” an act for the benefit of Benjamin
Workman, of Adair county; an act to declare Kinnakinnick in part
navigable; an act to change an election precinct in Pike county,
and for other purposes; an act extending the jurisdiction of the
trustees of the town of Paris; an act for the relief of John Eastis,
and an act for the benefit of John Wheeldon.

The following bills were reported, to wit:

By Mr. Roper—A bill for the benefit of the Lexington Presbyte¬
rian Congregation.

By Mr. Marshall—A bill to amend an act entitled “ an act to
abolish imprisonment for debt and subject equitable interests to
execution.”

' And by Mr. C. Allan—A bill for the benefit of Ryland T. Dil¬
lard and others.

Which were severally read the first time. The rule being dis¬
pensed with, they were read a second time; and the two former
(having been engrossed) were read a third time.

Resolved, That the said hills do pass, and that the titles be, res¬
pectively, “ an act for the benefit of the Lexington Presbyterian
Congregation, ” and “ an act to amend an act entitled an act to

94 JOURNAL OF

abolish imprisonment for debt and subject equitable interests L
execution.”

Ordered, That the Clerk inform the House of Representative,
thereof, and request their concurrence.

Mr. Blackburn, from the select committee to whom was referred
< n engrossed bill entitled “an act concerning countv courts,” re.
ported the same with amendments, which, together with the bill
were laid on the table.

Mr. Owens presented the petition of David Logan, accompanied
by toe petition of sundry citizens of Fayette county, praying that
he decision of a former Legislature, whereby he was'removed
irom the othce of Justice of the Peace for Fayette county, maybe
re-examined; which were read, and committed to Messrs. Owen;

WEDNESDAY, NOVEMBER 19 , 1823 .

The Senate assembled.

r ihompson Ward, Esq. senator from Greenup, Lewis and pari
of Lawrence, appeared and took his seat.

Mr. Blackburn presented the petition of Millcy Gash, praying
a divorce from her husband, Bernard P. Gash.

Mr- Miller presented the petition of sundry citizens of Hardin

out of a part of each of said counties; and Mr
sented a petition counter thereto.

Which were severally read, and referred, the former to the
committee of religion, and the two latter to the committee of
propositions and grievances.

and Breckinridge counties, praying the formation of a new countv f

. . p rc .l

TIIE SENATE.

ts li.Wjjffi

.'■ ‘ Mr. Marshall, from the select committee to whom was referred
Llvef “ a bill concerning the Frankfort and Shelbyville turnpike road,”
reported the same with an amendment, which was concurred in,
ryej and the bill ordered to be engrossed and read a third time.

’ rfr -JfA hill from the House of Representatives, entitled “ an act for
bill, tile benefit of Absalom Russell,” was read a second time; and the
i4lc being dispensed with, it was read a third lime.
niejBnw Resolved, That the said bill do pass, and that the Clerk inform
thai the House of Representatives thereof. .

, v ,OT| An engrossed bill entitled “an act to establish a Botanical
y belt' Garden,” w r as read a third time, and the blanks therein filled,
eii ■ lResolved, That the said bill do pass, and that the title be, “ an act

to establish a Botanical Garden.”

: forf Ordered, That Mr. Flournoy inform the House of Rcpresenta-
thi lives thereof, and request their concurrence.
an$ H Bills from the House of Representatives, of the following titles,
thi to wit: An act to authorise the county court of Lawrence to lay an
additional levy; an act to provide for the correction of an error in
, rejr,: the conveyance of two lots in the town of Greenupsburg; an act
|X to declare Little Sandy river a navigable stream; an act to prevent
ini' ; the removal of persons of colour who may be bound to service, and
re an act tp provide for limitations in certain action*, were read the
:odI first time and ordered to be read a second time,
jae The rule being dispensed with, the three former bills wmre read
jgl f a second time, and the two former a third time,
id f. ;i tjlcsohed, That the two former bills do pass, and that the Clerk
inform the House of Representatives thereof.

,'fhc third bill w r as committed to Messrs. T. Ward, Faulkner
and Roper.

The Senate then, according to the standing order of the day,
resolved itself into a committee of the whole house on the state of
the commonw'ealth, Mr. Howard in the chair; and after some time
spent therein, Mr. Speaker resumed the chair, and Mr. Howard
reported, that the committee had, according to order, had under
lrI A consideration a bill from the House of Representatives, entitled
“an act for taking the sense of the good people of this common-
n J wealth as to tIle propriety of calling a convention,” and had made
some progress therein; but not having time to go through the
same, had instructed him to ask for leave to sit again: which was
t)4;' 'granted,

c-^B And then the Senate adjourned.

lcjinK

oil

JOURNAL OF

THURSDAY, NOVEMBER 20, 1823.

The Senate assembled.

Mr. Roper presented the petition of sundry citizens of Hardin
and Breckinridge counties, counter to those presented for the
formation of a new county.

Mr. Denny presented the petition of Ann H. Aldridge and Eliz¬
abeth Dickerson, praying that a law may be passed authorising the
sale of the real estate devised to said Ann and her infant child, by
her husband, John P. Aldridge, deceased.

Which were severally read, and referred, the former to the
committee of propositions and grievances, and the latter to Messrs.
Denny, Roper and C. Allan.

The following bills were reported, to wits .

By Mr. Marshall—1. A bill for the benefit of the executors of
John B. Wooldridge.

B" Mr. Denny—2. A bill to authorise the sale of a portion o(
the real estate of John P. Aldridge, deceased, for the purpose of
paying his debts.

And by Mr. Roper—3. A bill for the benefit of John Anderson.

Which were read the first time, and the first and third ordered
to be read a second time.

The rule being dispensed with, the first bill was read a second
and third time, (having been engrossed.)

Resolved , That the said bill do pass, and that the title be, “ an
act for the benefit of the executors of John B. Wooldridge.”

Ordered , That the Clerk inform the House of Representatives

thereof, and request their concurrence.

The question being taken on reading the second bill a second
time, it was resolved in the negative; and so the said bill was re-
iected.

The Senate received a message from the House of Representa¬
tives announcing the passage of a bill from the Senate, entitled
“ an act to increase the powers of the trustees of the town of Hop¬
kinsville, in Christian county,” and the passage of a bill entitled
“ an act to compensate John Sterrett for surveying the road from
Bowlin^grecn to the mouth of Clover creek on the Ohio.

Mr. 5wens, from the select committee to whom was referred
“ a bill for the divorce of Sylvanus Lockwood,” reported the same
with an amendment, which was twice read and disagreed to.

Mr. Owens then moved the following resolution, to wit:

Whereas, although notice was given, that application would
be made to the Legislature for a divorce, the affidavits taken on
the part of Sylvanus Lockwood, to be read upon the application
for a divorce, were taken without giving to the adverse party any
notice: Therefore,

THE SENATE.

Resolved, That for that cause the bill ought not to pass.

Mr. Ewing moved the following resolution as a substitute, to
wit:

Whereas the affidavits on the part of Sylvanus Lockwood, to be
road upon the application for a divorce, were taken without giv¬
ing to the adverse party any notice; but that proceedings were
hadupon notice beinggiven that application would be made to the
Legislature; and the testimony being satisfactory before the com¬
mittee of religion: Therefore,

Resolved, That the bill ought to pass.

The question being taken on the adoption of the first resolution,
it was resolved in the affirmative—Yeas 18, nays 18—the Lieuten¬
ant-Governor voting in the affirmative.

The yeas and-nays being required thereon by Messrs. Owens
and C. Allan, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, C. H.
Allen, Barbee, Barrett, Beauchamp, Blackburn. Denny, Flournoy,
Forsythe, Hickman, Marshall, Morehead, Owens, Roper, Towles,
J. Ward, T. Ward and Williams. #

Those who voted in the negative, are, Messrs. Ballinger, Car-
neal, Cowan, Davidson, Dawson, Duncan, Ewing, Faulkner, Go¬
rin, Howard, Lyon, M’Afee, Miller, Rudd, Smith, White, Wickliff
and Worthington.

T he question was then taken on engrossing and reading the said
bill a third time, and it was resolved in the negative; and so the
said bill was rejected.

The Senate then, according to the standing order of the day,
resolved itself into a committee of the w'hole house on the state of
the commonwealth, Mr. Davidson in the chair; and after some time
spent therein, Mr. Speaker resumed the chair, and Mr. Davidson
reported, that the committee had, according to order, resumed the
consideration of a bill from the House of Representatives, entitled
“an act for taking the sense of the good people of this common¬
wealth as to the propriety of calling a convention,” and had made
some further progress therein; but not having time to go through
the same, had instructed him to ask for leave to sit again; which
was granted,

And then the Senate adjourned.

FRIDAY, NOVEMBER 21, 1823.

The Senate assembled, and immediately resolved itself into a
committee of the whole house on the state of the commomvealth,
Mr. Faulkner in the chair; and after some time spent therein, Mr.
Speaker resumed the chair, and Mr. Faulkner reported, that the
committee had, according to order, resumed (he consideration of

N >

JOURNAL OF

a bill from the House of Representatives, entitled “an act fur
taking the sense of the good people of this commonwealth on the
propriety of calling a. convention,” and had gone through the
same without amendment; which bill he handed in at the Clerk’s
table, and it was read again as follows, to wit:

An Ad for taking the sense of the good People of this Commonwealth
as to-the propriety of calling a Convention.

Whereas it is provided by the ninth article of the Constitution
of this Commonwealth, that “ when experience shall point out the
necessity of amending this Constitution, and when a majority of
all the members elected to each house of the General Assembly,
shall, within the first twenty days of their stated annual session,
concur in passing a law for taking the sense of the good people of
this Commonwealth as to the necessity and expediency of calling
a Convention, it shall be the duty of the several sheriffs and other
returning officers, at the next general election which shall be
held for representatives, after the passage of such law, to open a
poll for, and makefi return to the Secretary for the time being, of
the names of all those entitled to vote for representatives, who have
voted for calling a Convention; and if thereupon it shall appear
a majority of the citizens of this State, entitled to vote for repre¬
sentatives, have voted for a Convention, the General Assembly
shall direct that a similar poll shall be opened and taken for the
next year; and if thereupon it shall appear a majority of the citi¬
zens of this State, entitled to vote for representatives, have voted
for a Convention, the General Assembly shall, at their next ses¬
sion, call a Convention, to consist of as many members as there
shall be in the House of Representatives, and no more, to be chosen
in the same manner and proportion, at the same places and at the
same time that representatives are, by citizens entitled to vote for
representatives, for the purpose of re-adopting, amending or chang¬
ing this Constitution:”

Be it therefore enacted by the General Assembly of the Commonwealth
of Kentucky , That the Judges, at the several annua] elections to be
held for the year one thousand eight hundred and twenty-four,
shall make due report of the number voting for a Convention, to
the respective sheriffs, and shall cause the same to be entered in
their general return to the Secretary of State, of representatives
to serve for the year one thousand eight hundred and twenty-four,
in their respective counties; and the sheriff of each county shall,
moreover, cause a notice of this act to be affixed at his court-house
door, and also to be read every day at the opening of the polls.

This act shall commence and be in force from and alter its pas¬
sage.

And the question being taken on reading the said bill a third
time, it was resolved in the negative—Yeas 18, nays 18.

THE SENATE.

I SATURDAY, NOVEMBER 22, 1323.

The Senate assembled.

Mr. Barbee, from the joint committee of enrolments, reported
that they had examined enrolled bills of the following titles, to wit:
An act to authorise the county court of Lawrence to lay an addi¬
tional levy; an act to provide for the correction of an error in the
conveyance of two lots in the town of Greenupsburg, and an act
for the benetit of Absalom Russell; and had found the same truly
enrolled.

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills.

Whereupon the Speaker of the Senate signed the same, and
they were delivered to the joint committee of enrolments, to be
laid before the Governor; and after some time, Mr. Barbee, from
said committee, reported'that they had performed that duty.

the Speaker laid before the Senate the following communica¬
tion,. to wit:

The yeas and nays being required thereon by Messrs. Ewing
and Rudd, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Carneal, Dawson, Denny,
Duncan, Ewing, Forsythe, Gorin, Lyon, M’Afee, Miller, Owens,
WicklitFand Worthington.

Those who voted in the negative, are, Messrs. C. Allan, Black¬
burn, Cowan, Davidson, Faulkner, Flournoy, Hickman, Howard,
Marshall, Morehead, Roper, Rudd, Smith, Towles, J. Ward, T.
Ward, White and Williams.

The Speaker declared that there was not a constitutional ma¬
jority to pass the bill; and so it was rejected.

Ordered , That Mr. Blackburn inform the House of Representa¬
tives thereof.

The following committees were appointed on the part of the
Senate, pursuant to a joint resolution, to wit: Messrs. Davidson
and Lyon, to examine the Treasurer’s office; Messrs. T. Ward,
Hickman and Towles, to examine the Auditor's office; Messrs.
Ballinger, C. H. Allen, J. Ward and Rudd, to examine the Regis¬
ter’s office; Messrs. Howard, Barrett, White and Miller, to ex¬
amine the Penitentiary; Messrs. Carneal, C. Allan, Worthington
and Cowan, to examine the Bank of Kentucky; and Messrs.'M’¬
Afee, Owens, Flournoy and Bowman, to examine the Bank of the
Commonwealth.

Ordered, That the Clerk inform the House of Representatives
thereof.

And then the Senate adjourned.

100

JOURNAL OF

Auditor’s Office, November 22,1823.

KJtl .

By a resolution of the House of Representatives, of the 7th
instant, requiring the Auditor of Public Accounts to return the
number of voters in the several counties, for the year 1823, to
that body, on this day, (which resolution I have complied with,) I
have the honor also to hand you, accompanying this, a statement
of ihe number of voters for said year, as far as returns have been,
made to this office.

Respectfully, yours,

P. CLAY, Aud. P. C.

William T. Barry, Esq.

Speaker of the Senate.

A STATEMENT ,

Of the number of Voters for the year 1823, as far as the Commission¬
ers'’ Books for said year have been returned , to zvit :

Counties. No. of Voters. Counties. No. oftoters.

Adair, 1,585 Hardin, 2,004

Breckinridge, 1,024 Knox, 654

Bracken, 925 Lincoln, 1,326

Butler, 419 Livingston, 713

Bourbon, 2,203 Logan, R301

Boone, 1,000 Lawrence, 409

Bath, 1,252 Muhlenberg, 823

Caldwell, 1,095 Mercer, ' 2,247

Clarke, 1,694 Morgan, 326

Clay, 447 Monroe, 649

Calloway, 555 Montgomery, 1,341

Casey, 562 Nicholas, 1,356

Cumberland, 1,246 Ohio, 671

Daveiss, 493 Owen, 767

Floyd, 562 Pulaski, 1,331

Garrard, 1,550 Rockcastle, 460

Greenup, 570 Scott, 1,S23

Grayson, 737 Simpson, 598

Grant, 344 Shelby, 2,962

Harrison, 1,876 Union, 480

Henderson, 596 Washington, 2,141

Hickman, 400

1 T r /I 7 n /I

P. CLAY, Aud. P. A.

Auditor’s Office, Nov. 22d, 1823.

The Senate received a message from the Governor, by Mr.
Secretary Monroe, covering several communications from other
States, concerning amendments to the Constitution of the United
States.

101

THE SENATE.

They also received another message, by Mr. Waggener, cover¬
ing communications from the Governor of Virginia, concerning
the road leading by Mountsterling to the Virginia line.

The Senate received several messages from the House of Rep^
resenjtatives, announcing the passage of bills of the following titles,
to wit: An act to provide for running the line between the coun¬
ties of Knox and Harlan; an act to establish an election precinct
in Washington county; an act for the benefit of John W. Riggs
and Joseph Paxton; an act concerning the town of Llkton in
Todd county, and an act to prescribe the duties of the Judges ot
the Court of Appeals, and for other purposes; and that they had
adopted a resolution appointing joint committees to examine the
reports of the Bank of the Commonwealth and branches.

Bills from the House of Representatives, of the following titles,
to wit: An act to prevent the removal of persons of colour w ho
may be bound to service, and an act to provide for limitations in
certain cases, were read a second time.

i he rule being dispensed with, the former bill was read a third

Resolved , That the said bill do pass, and that Mr. Ewing inform
the House of Representatives thereof.

The latter bill was committed to Messrs. Blackburn, T. >v ard,
^Marshall and Lyon.

Mr. T. Ward, from the select committee to whom was reierred
a bill from the House of Representatives, entitled “ an act to de¬
clare Little Sandy river a navigable stream,' reported the same
without amendment, and it was read a third time.

Resolved , That the said bill do pass, and that Mr. T. Ward in¬
form the House of Representatives thereof.

' The following bills were reported, to wit:

Bv Mr. Denny—1. A bill for the benefit of the Presbyterian
Congregation in Louisville.

By Mr. Blackburn—2. A bill for the benefit of John A. Steven¬
son and wife.

And by Mr. Dawson—3. A bill concerning Kentucky land
warrants which may have been lost.

Which were severally read the first time, and ordered to be read
a second time.

The rule being dispensed with, the two former bills were read
a second time, and ordered to be engrossed and read a third time.

Bills from the House of Representatives, of the following titles,
to wit: 1. An act for the benefit of Daniel Curd, surveyor of Bar¬
ren county; 2. an act for the benefit of John Phemister; 3. an act
for the benefit of Benjamin Workman, of Adair county; 4. an act
to declare Ivinnakinnick in part navigable; 5. an act for the reliet
of John Eastis; 6. an act for the benefit of John Wbeeldon; 7. an
act for the benefit of Mary Karr and her children; S. an act to

7 ■ - „

102

JOURNAL OF

MONDAY, NOVEMBER 24, 1823.

The Senate assembled.

Mr. Williams, from the joint committee of enrolments, reported
that the committee had examined sundry enrolled bills of the fol¬
lowing titles, to wit: An act for the benefit of John Wheeldon;
an act to declare Little Sandy river a navigable stream; an act
for the benefit of John Eastis; an act for the benefit of Benjamin
Workman, of Adair county; an act to declare Kinnakinnick in
part navigable; an act for the benefit of John Phemister; an act
for the benefit of Daniel Curd, surveyor of Barren county; an act
to increase the powers of the trustees of the town of Hopkinsville-,
in Christian county; and had found the same truly enrolled.

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills.

Whereupon the Speaker of the Senate signed the same, and
they were delivered to the joint committee, to be laid before the
Governor; and after some time, Mr. Williams reported that they
had performed that duty.

Mr. White presented the petition of the Shelby county court,
remonstrating against the opening of the road from Frankfort to
Bowlinggreen; which was read, and referred to the committee for
courts of justice.

change an election precinct in Pike county, and for other pur¬
poses; 9. an act to amend the act for the establishment of a State
Road from Lexington to Ghent on the Ohio river; 10. an act for
the benefit of Braddock Baker; 11. an act extending the jurisdic¬
tion of the trustees of the town of Paris; 12. an act to repeal in
part an act entitled “ an act to amend an act regulating taverns
and restraining tippling houses;” and 13. an act further to regu¬
late the debt due the commonwealth for the sale of vacant lands;
were severally read the first time, and ordered to be read a second
time.

The rule being dispensed with, the first eleven bills were read
a second time, and the first six a third time.

Resolved , That the first six bills do pass, and that Mr. Davidson
inform the House of Representatives thereof.

The seventh bill was committed to Messrs. Blackburn, More-
head and WicklifF; the eighth, to Messrs. T. Ward, Howard and
Lyon; the ninth, to Messrs. Marshall, Forsythe and Smith; and
the tenth, to Messrs. Howard, Blackburn and Beauchamp.

An engrossed bill entitled “ an act concerning county courts,”
together with the proposed amendments thereto, was taken up
and re-committed to Messrs. M’Afee, Morehead and Blackburn.

And then the Senate adjourned.

THE SENATE.

108

The Senate received, by Mr. Secretary Monroe, a message in
writing, covering a communication from the Governor of Illinois,
on the subject of lands appropriated by Congress for the promotion
of education.

Mr. M’Afee, from the select committee to whom was referred
“ a bill concerning county courts,” reported the same with amend¬
ments, which were concurred in with amendments, and the bill
ordered to be re-engrossed and read again.

The following bills from the House of Representatives, were
reported from the select committees to whom they were referred,
to wit: By Mr. Howard, a bill for the benefit of Braddock Baker;
by Mr. Blackburn, a bill for the benefit of Mary Karr and her chil¬
dren; severally with amendments, which were concurred in, and
the bills read a third time.

Resolved, That the said bills, as amended, do pass, and that Mr.
Howard inform the House of Representatives thereof.

On motion,

Resolved, That leave of absence be given to Mr. Gorin, from the
service of the Senate, for twelve days.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Owens—1. A bill to appropriate the va¬
cant lands east of the Tennessee river, lying between the Tennes¬
see line and 36 degrees 30 minutes north latitude.

On the motion of Mr. Denny—2. A bill concerning county
courts.

On the motion of Mr. Davidson—3. A bill for the benefit of Ar-
chclaus Perrin.

On the motion of Mr. Ward—4. A bill to amend an act to re¬
duce into one the several acts respecting the establishment of fer¬
ries.

And on the motion of Mr. C. II. Allen—5. A bill to authorise
Jesse Kennedy to raise, by way of lottery, a sum of money for the
purpose of sinking a salt well.

Messrs. Owens, Ballinger and Cowan were appointed a commit¬
tee to prepare and bring in the first; Messrs. Denny, Blackburn,
M’Afee and Marshall, the second; Messrs. Ward, Blackburn and
C. H. Allen, the fourth; Messrs. C. H. Allen, Marshall and Rudd,
the fifth; and the third was committed to the committee for courts
of justice.

The following bills were reported, to wit:

By Mr. M’Afee—1. A bill supplementary to “an act for the
benefit of the children of Hannah Porter,” approved November
10, 1823.

By Mr. Marshall—2. A bill for the benefit of the children of
Charles Sproule.

And by Mr. Lyon—3. A bill to provide for the sale of certain
vacant lands west of Tennessee river.

i04 JOURNAL OF

Which were read the first time; and the rule being dispensed
■with, they were read a second time, and the first and second a third
time, (having been engrossed.)

Resolved, That the said bills do pass, and that the titles be, res¬
pectively, “an act supplementary to an act for the benefit ol the
children of Hannah Porter, approved November 10, 1823,” and
“an- act for the benefit of the children of Charles Sproule, de-
ceased.”

Ordered, That Mr. M’Afee inform the House of Representatives

thereof, and request their concurrence.

The third bill was committed to a committee of the whole
house on the state of the commonwealth.

Ordered , That the public printers forthwith print 150 copies ol
said bill, for the use of the Legislature.

The Senate received a message from the House ol Representa¬
tives, announcing that they had passed a bill from the Senate,
entitled “an act supplementary to an act for the benefit ol the
children of Hannah Porter, approved November 10, 1823, -and
that they had adopted a resolution authorising the Keeper ol the
Penitentiary to employ the convicts therein to work on the walls

thereof. , .

Which resolution was taken up, twice read and concurred in, as

follows:

In the House of Representatives, Nov. 24,1823.

Resolved by the General Assembly of the Commonwealth of Kentucky,
That the Keeper of the Penitentiary be, and he hereby is permit¬
ted to employ any portion, at his discretion, of the convicts under
his care, in working on the roof of the new' wall of that building,
at a fair price, under the direction of the undertaker ol the woik,
who may limit the number he will pay, by contract.

Extract, &c.—Attest, R. S. TODD, C. H. R.

Ordered, That Mr. M’Afee inform the House of Representatives

thereof. . , L . , .,

Mr. Beauchamp moved the following resolution, to wit.

Whereas it appears from the late decision of the Supreme
Court of the United States, declaring our occupying claimant
laws unconstitutional, that a paper, purporting to be the opinion
of the Court of Appeals of Kentucky, in the case of Hoy s heirs vs.
M’Murry, was handed in and used in manuscript before said court,
which was relied on by them as authority, and iefeiret to j 1
in support of their opinion in the final issue of said cause, when in
truth and in fact the same was suspended, and not the decision o
said court at the time; neither has the same been confirmed as
law, notwithstanding it has been printed in Littell s first volume ot

Term Reports: Therefore, e ,

Resolved, That a committee of five members of the Senate fie
appointed to enquire into the manner said paper was procured

THE SENATE. 105

from line Clerk of the Court of Appeal?, and how the same came to
be printed in the Term Reports; and also, whether the same is
considered as the law of the land; anil that they have power to
send for persons, papers and records, and to report by bill or other-

W *Which was adopted; and Messrs. Beauchamp, C. H. Alien, T.
Ward, Owens and Blackburn were appointed a committee pursu¬
ant thereto. . . , r .

Mr. Ewing read and laid on the table a joint resolution lixing

on a day for the election of certain officers.

Bills from the House of Representatives, of the following titles,
to wit: 1. An act to establish an election precinct in Washington
county; 2. an act concerning the town of Elkton, in Todd county;
3. an act to provide for running the line between the counties of
Knox and Harlan; 4. an act to prescribe the duties of the Judges
of the Court of Appeals, and for other purposes; and 5. an act to
compensate John Sterrett for surveying the road from Bowling-
green to the mouth of Clover creek; were severally read the hrst
time, and ordered to he read a second time.

The rule being dispensed with, the first and second bills were
read a second and third times, (the first having been amended at
the Clerk’s table.)

Resolved , That the said bills do pass, the first as amended, and
that the title be, “ an act to establish election precincts in Wash¬
ington and Calloway counties.”

Ordered , That Mr. Lyon inform the House of Representatives
thereof.

The third bill yras committed to Messrs. Davidson, Ballinger
and Worthington.

An engrossed bill entitled “ an act for the benefit of the Presby¬
terian Congregation at Louisville,” was read a third time.

Resolved , That the said bill do pass, and that the title be, “ an act
for the benefit of the Presbyterian Congregation at Louisville.”

Ordered, That Mr. Denny inform the House of Representatives
thereof, and request their concurrence.

And then the Senate adjourned.

TUESDAY, NOVEMBER 25, 1823.

The Senate assembled.

Mr. Lyon presented the several petitions of George Marshall
and Clara Marshall, his wife, praying that the Legislature may
pass a law dissolving the marriage contract between them; which
were read, and, with the accompanying document, referred to
the committee of religion.

10G

JOURNAL OF

Mr. Davidson, from (lie select committee to whom was referred
a bill from the House of Representatives, entitled “an act to pro¬
vide for the running of the line between Knox and Harlan coun¬
ties,” reported the same with an amendment; which was concur¬
red in, and the bill read a third time.

Resolved , That the said bill, as amended, do pass, and that Mr.
Davidson inform the House of Representatives thereof.

The following bills were reported, to wit:

By Mr. Denny—1. A bill to amend the several acts concerning
the county courts, and for other purposes. Also, 2. a bill to alter
the time of holding the common law terms ot the Jefferson circuit
court, and for other purposes.

By Mr. Owens—3. A bill to appropriate the vacant lands lying
east of the Tennessee river, and between the Tennessee line and
36 degrees 30 minutes north.

By Mr. C. 11. Allen—4. A bill to authorise Jesse Kennedy to
raise, by lottery, a certain sum of money.

By Mr. Miller—5. A bill to amend the penal laws.

And by Mr. Rudd—6. A bill to amend the militia law.

Which were severally read the first lime, and ordered to be
read a second time.

The rule being dispensed with, the first bill was read a second
time, and committed to a committee of the whole house on the
state of the commonwealth.

Ordered , That the public printers forthwith print 150 copies of
said bill, for the use of the Legislature.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Beauchamp—A bill to raise the wages of
the Members of the Legislature.

And on the motion of Mr. Ewing—A bill to repeal in part an
act for the opening of a road from Bowlinggreen to the Ohio river.

Meters. Beauchamp, Ewing and J. Ward were appointed a
committee to prepare and bring in the former; and Messrs. Ewing,
Lyon and Duncan, the latter.

The Senate received, by Mr. Secretary Monroe, a written
message from the Governor, covering a communication from the
Governor of Maryland, communicating the report of the commis¬
sioners appointed to survey the river Potomac.

Mr. Owens presented the petition of. Stephen T. Conn, accom¬
panied by the petition of sundry citizens of Wayne county, pray¬
ing that he may be permitted to appropriate certain vacant lands
where he is boring for salt water; which was read, and committed
to Messrs. Owens, Blackburn and Wickliff.

Ordered , 'That the Sergeant-at-arms procure, for the use of the
Senate, 40 copies of the Decision of the Supreme Court of the
United States on the Occupying Claimant Laws, and the same
number of the Decision of the Court of Appeals on the Replevin
Laws.

107

THE SENATE.

Mr. Morehead presented the petition of sundry stockholders of
the Farmers and Mechanics’ Bank of Logan, praying that a law
may be passed amending the law for winding up the Independent
Banks; which was read, and referred to Messrs. Morehead, Ewing,

White and Blackburn. .

Bills from the House of Representatives, of the following titles,
to wit: 1. An act for the benefit of John W. Riggs and Joseph
Paxton, and 2. an act extending the jurisdiction of the trustees of
the town of Paris, were severally read, the former the first lime,
and the latter a third time; and the rule being dispensed with,
the former bill was read a second and third times.

Resolved , That the said bills do pass, and that Mr. Hickman in¬
form the House of Representatives thereof.

The Senate received information, by Mr. Waggener, that the
Governor did, on yesterday, approve and sign an enrolled bill
which originated in the Senate, entitled “ an act to increase the
powers of the trustees of the town of Hopkinsville, m Christian

county.” . ..

Ordered, That the Clerk inform the House of Representatives

thereof. .

A resolution from the House of Representatives, appointing
joint committees to examine the reports of the Bank of the Com¬
monwealth and branches, was taken up, read and concurred in, as

follows, to wit:

In the House of Representatives, Nov. 18, 1823.

Resolved by the Senate and House of Representatives , That the sena¬
tors and representatives residing within each bank district, for the
Bank of the Commonwealth and branches, be a committee, whose
duty it shall be to examine the reports from said bank and
branches within their districts, and to make report of such exam¬
ination to each branch of this General Assembly.

Extract, &c.—Attest, R. S. TODD, C. H. R.

Ordered , That Mr. Lyon inform the House of Representatives

thereof. , ...

A bill for the benefit of John Anderson, and a bill concerning
Kentucky land warrants which may have been lost, were sevei al¬
ly read a second time, and ordered to be engrossed and icad a
third time.

The rule being dispensed with, and the former bill having been
engrossed, it was read a third time.

Resolved , That the said bill do pass,_ and that the title be, “ an
act for the benefit of John Anderson. ’

Ordered , That Mr. Lyon inform the House of Representa¬
tives thereof, and request their concurrence.

Bills from the House of Representatives, of the following titles,

to wit: 1. An act to repeal in part an act entitled ‘i an act to amend

an act regulating taverns and restraining tippling houses;” 2. an

4 ’

JOURNAL OF

act further to regulate the. debt due the commonwealth for the sate
of vacant lands; 3. an act to compensate John Sterrett for survey¬
ing the road from Bowlinggreen to the Ohio; and 4. an act to
prescribe the duties of the Judges of the Court of Appeals, and
for other purposes; were severally read a second time.

Mr. Marshall moved the following amendment to the second bill,
to wit:

Provided, That nothing in this act contained shall authorise any
person to redeem such claim thus stricken off to the State, except
the actual settler or settlers upon such land.

And the question being taken thereon, it was resolved in the
negative—Yeas 9, nays 15.

The yeas and nays being required thereon by Messrs, Marshall
and Ewing, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Blackburn,
Hickman, Howard, Marshall, Smith, White, Wickliff, Williams
and Worthington.

Those who voted in the negative, are, Messrs. Ballinger, Cow¬
an, Davidson, Dawson, Denny, Duncan, Ewing, Forsythe, Lyon,
M'Afee, Miller, Morehead, Owens, Rudd and J. Ward.

The rule being dispensed with, the first and second bills were
read a third time.

Resolved, That the second bill do pass, and that Mr. Ewing in¬
form the House of Representatives thereof.

The first bill was laid on the table. The third was committed
to Messrs. Ewing, Blackburn, Dawson and Denny; and the fourth
to Messrs. Marshall, Blackburn, Denny and Beauchamp.

Mr. Ewing, from the former committee, reported said bill with
an amendment, which was concurred in, and the bill read a third
time, and laid on the table until the first day of June next.

The Senate received a message from the House of Representa¬
tives, announcing the passage of a bill entitled an act for the ben¬
efit of Henry Durham and John Ferguson.”

Which bill was read the first time; and the rule being dispens¬
ed with, it was read a second and third times.

Resolved, That the said hill do pass, and that Mr. Dawson in¬
form the House of Representatives thereof.

Mr. Owens reported a bill for the benefit of Stephen T. Conn,
which was read the first time; and the rule being dispensed with,
it was read a second and third times, (having been engrossed.)

Resolved, That the said bill do pass, and that the title be, “ an
act for the benefit of Stephen T. Conn,”

Ordered , That Mr. Owens inform the House of Representatives
thereof, and request their concurrence.

Engrossed bills, to wit: A bill concerning the Frankfort and
Shelby ville turnpike road; a hill for the benefit of John A. Steves

10!#

THE SENATE.

,on and wife, and a bill authorising certain county courts to hold

ad to°M and

S Sh e efbyvnie a 'and*LmVisville^t^pikeToads“ an let for the

benefitof Jotm A. Stevenson and wife,” and “an act authoring

House of Representatives

thereof, and request. their concurrence.

And then the Senate adjourned.

WEDNESDAY, NOVEMBER 26, 1823.

The Senate assembled. .

Mr Williams, from the joint committee of enrolments, reported
that the committee had examined enrolled bills of the Mlowmg
titles to wit: An act to prevent the removal of persons of colour
who may be bound to service, and an act concerning the town of

e!1Z L Todd count,; and hod ent

The Senate received a message from the House o Kepresenu
fives announcing that their Speaker had signed said bills.

Whereupon the Speaker of the Senate signed the same,
they were delivered to the joint committee, to be iaid before the
Governor and after some time, Mr. Williams reported that they

had performed that duty. Albert G

Mr. Denny presented the petition of James S. and Alber. U.

Crutchfield/two of the heirs of Thomas Crutchfield, deceased,
praying that a law may be passed authorising the sale of a tract of
land which descended to his heirs; which was read, and reterre

to the committee for courts of justice. „„„„ +i lf .

The Senate received, by Mr. Waggener, a message from the

Governor, containing certain military nominations.

Mr. Smith, from the committee of religion, made the following

rC The committee of religion have, according to order, had under
consideration the petition of Milley Gash, representing that her
husband, Bernard P. Gash, has abandoned her tor upwards of three

year 6 and is living in adultery with another woman and praying

for a divorce, and have come to the following resolution thereup¬
on, to wit: . . , ...

Resolved, That the said petition be rejected.

Which being twice read, and the resolution amended, by Hi ik g
out the words" “be rejected,” and inserting in lieu thereoi the

words “is reasonable,” was concurred in.

Ordered, That the committee prepare and bring m a bill pura.
gnt to gaid resolution.

110

JOURNAL OF

The following bills were reported, to wit:

By Mr. Smith—A bill for the divorce of George Marshall and
wife.

And by Mr. Ward—A bill to amend an act entitled “ an act to
reduce into one the several acts respecting the establishment of
ferries.”

Which were read the first time; and the rule being dispensed
with, they were read a second time, and the latter a third time,
(having been engrossed.)

Resolve d, That the said bill do pass, and that the title be, “an
act to amend an act to reduce into one the several acts respect¬
ing ferries.”

Ordered , That Mr. T. Ward info rm the House of Representa¬
tives thereof, and request their concurrence.

The former bill was amended at the Clerk’s table, as follows,
to wit:

An Act for the divorce of George Marshall and wife.

Whereas it is represented to the present Legislature, by the pe¬
titions of George Marshall and Clara, his wife, that they have liv-
ep separate since January last; and from the dissimilarity of their
dispositions, they cannot live together, and each has petitioned to
be divorced: Therefore,

Be it enacted by the General Assembly of the Commonwealth of
Kentucky , That the marriage between the said George and Clara
be, and the same is hereby totally dissolved, and they restored to
all the rights and privileges of single persons: Provided , that each
of said persons shall retain and hold all the property they respec¬
tively owned at the time of the marriage, free from the control or
liability to the debts of the other.

And whereas it further appears, that Nancy Chapman, wife of
Peyton Chapman of Adair county, has, for a long time, absented
herself from her said husband, and refuses to return to, and live
with him again:

Be it further enacted , That the marriage solemnized between the
said Peyton Chapman and Nancy, his wife, be, and the same is
hereby dissolved, and the said Peyton divorced from his said wife.

And the question being taken on engrossing and reading the
bill a third time, it was resolved in the negative—Yeas 6, nays
20 .

The yeas and nays being required theroon by Messrs. Beau¬
champ and White, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Dawson, For¬
sythe, Lyon, Owens, Rudd and Wickliffi

Those who voted in the negative, are, Messrs. C. H. Allen, Bal¬
linger, Barrett, Beauchamp, Blackburn, Cowan, Davidson, Dun-

THE SENATE. HI

can Ewing, Hickman. Howard, M’Afce, Marshall, Miller, More-
head, Smith, J. Ward, T. Ward, White and Williams.

And so the said bill was rejected.

The Senate received a message from the House of Representa¬
tives announcing the passage of bills of the following titles, to wit.
An act to authorise the Editors of “ The Green River Correspon-
dent,” and tc The Commonwealth,” to insert advertisements there-
in; and an act to appoint commissioners to fix upon a permanent
seat of justice for Pike county, and for other purposes.

The said bills were read the first lime; and the rule being dis¬
pensed with, they were read a second and third times.

Resolved , That the said bills do pass, and that Mr. T. Ward in¬
form the House of Representatives thereof.

An engrossed bill entitled “ an act concerning Kentucky land
warrants which may have been lost,’ was read a third time.

Resolved , That the said bill do pass, and that the title be, “ an
act concerning Kentucky land warrants which may have been

^Ordered, That Mr. Dawson inform the House of Representa¬
tives thereof, and request their concurrence.

Mr. T. Ward, from the select committee to whom was referred a
bill from the House of Representatives, entitled “ an act to change
an election precinct in Pike county, and for other purposes, ie-
ported the same with amendments, which were concurred in, and

the bill read a third time. , ,

Resolved , That the said bill, as amended, do pass, and that Mr.
T. Ward inform the House of Representatives thereof.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Marshall—A bill to provide for the distri¬
bution of the Laws, the Journals, and the Reports of the Deci¬
sions of the Court of Appeals.

And on the motion of Mr. M’Afee—A bill for the benefit of the
widow and heirs of John Wilson.

Messrs. Marshall, M’Afee and T. Ward were appointed a com¬
mittee to prepare and bring in the former; and Messrs. M Afee,
Ewing and Marshall,-the latter.

The resolution fixing on a day for the election of certain offi¬
cers, was taken up, read and adopted, as follows, to wit:

Resolved by the General Assembly of the Commonwealth of Kentucky,
That they will, on Thursday the 10th of December next, proceed
to the election of a Treasurer, Public Printers, Presidents and
Directors of the Commonwealth’s Bank and branches, and Bank
of Kentucky.

Ordered, That Mr. Ewing inform the House of Representatives

thereof. ,

The following bills were read a second time, to wit: A bill to
amend the militia law; a bill to authorise Jesse Kennedy to raise,

112 JOURNAL OF

by lottery, a certain sum of money, and a bill to amend the penal
laws.

The two former were ordered to be engrossed and read a third
time, and the latter was committed to a committee of the whole
house on the stale of the commonwealth.

And then the Senate adjourned.

THURSDAY, NOVEMBER 27, 1823.

The Senate assembled.

The following bills were reported, to wit:

By Mr. Ewing—A bill to repeal in part an act for opening a
road from Bowlinggreen to the mouth of Clover creek on the Ohio
river, approved December 11 , 1822.

And by Mr. Beauchamp—A bill to amend the act regulating
divorces, approved January 31, 1809; and a bill to raise the wages
of the Members of the General Assembly.

Which were read the first time, and ordered to be read a sec¬
ond time.

The senate received several messages from the House of Rep¬
resentatives, announcing the passage of bills of the following titles,
to wit: An act to establish the county seat for Morgan county; an
act to authorise the inhabitants of Morgan county to vote at their
present scat of justice; an act to authorise the sale of a part of the
public square in the town of Cadiz; an act to alter the mode of ap¬
pointing trustees in the Madison seminary; an act providing for a
change of venue in the case of William Wells; an act for the ben¬
efit of Harman Greathouse, and an act to amend the execution
laws of this commonwealth.

The four first bills were read the first time; and the rule being
dispensed with, they were read a second and third times.

Resolved , That the said bills do pass, and that Mr. T. Ward in¬
form the House of Representatives thereof.

Mr. Marshall, from the select committee to whom was referred
a bill from the House of Representatives, entitled “ an act to pre¬
scribe the duties of the Judges of the Court of Appeals, and for
other purposes,” reported the same with amendments, which were
concurred in, and the bill committed to a committee of the w'hole
house on the state of the commonwealth.

Ordered , That the public printers forthwith print 150 copies of
said bill, as amended, for the use of the Senate.

A bill toappropriate the vacant lands lying cast of the Tennes¬
see river, hetw r een the Tennessee line and 36 degrees 30 minutes
north, w f as read a second time, and committed to a committee ol
the whole house on the state of the commonwealth.

113

THE SENATE.

Engrossed bills, to wit: A bill to authorise Jesse Kennedy to
raise,°1)\ lottery, a certain sum of money, and a bill to amend the
militia law, were read a third time. .

The question being taken on the passage of the former bill, it
was resolved in the affirmative—Yeas 17, nays 10.

The yeas and nays being required thereon by Messrs. Davidson

and Ewing, were as follows, to wit:

Those who voted in the affirmative, arp, Messrs. O. 11. Allen,
Ballinger, Barrett, Beauchamp, Blackburn, Cowan, Duncan, Ew¬
ing, Forsythe, Lyon, M’Afee, Miller, Owens, J. Ward, I. VNaid,
White arid Worthington.

Those who voted in the negative, are, Messrs. C. Allan, Barbee,
Davidson, Dawson, Howard, Morehead, llndd, Smith, Towles

and Wickliff. , , . , ,

Resolved , That the former bill do pass, and that the title he, an
act to authorise Jesse Kennedy to raise, by lottery, a certain sum

of money.” „ , „

Ordered , That Mr. T. Ward inform the House of Representa¬
tives thereof, and request their concurrence. .

1 he latter bill was committed to Messrs. T. W ard, M Alee,
Wickliff, Rudd and Davidson.

The Senate received, by Mr. Waggener, a written message from
the Governor, containing military nominations; also, information
that the Governor did, on yesterday, approve and sign an enrolled
bill which originated in the Senate, entitled “ an act supplem a-
ry to an act for the benefit of the children of Hannah Porter, ap¬
proved November 10, 1823.”

Ordered , That Mr. Williams inform the House of Representa¬
tives thereof.

The Senate then, according to the standing order of the day,
resolved itself into a committee of the whole house on the state of
the commonwealth, Mr. Davidson in the chair; and after some time
spent therein, Mr. Speaker resumed the chair, and Mr. Davidson
reported, that the committee had, according to order, had under
consideration a bill to revive and continue in force part of the act
concerning the Bank of Kentucky and the Bank of the Common¬
wealth of Kentucky, approved December 5. 1822, and had gone
through the same with amendments, which he handed in at the
Clerk’s table, where the same were twice read and concurred in.
Mr. Marshall then moved an amendment to the bill.

Ordered , That the bill and amendment be laid on the table, and
that the public printers forthwith print 150 copies ol the amend¬
ment, for the use of the Senate.

And then the Senate adjourned.

FRIDAY, NOVEMBER 28, 1823.

• . . , 1 ®';

The Senate assembled.

Mr. Barbee presented the petition of sundry citizens of Green
county, praying that a law may be passed authorising away to be
viewed for a road from Greensburg to the Ohio river.

Mr. White presented the petition of sundry officers of the 85th
regiment of militia, protesting against the confirmation of the ap¬
pointment of Enoch Stout as a major in said regiment.

Which were severally read, and referred, the former to Messrs.
Barbee, Miller and Owens, and the latter to Messrs. White, David¬
son, Faulkner, Barbee and M’Afee.

Ordered , That the committee of propositions and grievances be
discharged from the further consideration of the petition of sundry
citizens of Hardin and Breckinridge counties, praying the forma¬
tion of a new county out of parts of said counties; also, the peti¬
tions counter thereto; and the same were committed to Messrs.
Miller, Duncan and Denny.

Messrs. Barbee and Williams, from the joint committee of en¬
rolments, reported that the committee had examined sundry enrol¬
led bills and resolutions of the following titles, to wit: An
act to appoint commissioners to fix upon a permanent seat of
justice for Pike county, and for other purposes; an act to alter the
mode of appointing trustees in the Madison seminary; an act to
authorise the Editors of “ The Green River Correspondent,” and

The Commonwealth,” to insert advertisements therein; a reso¬
lution appointing joint committees to examine the reports of the
Bank of the Commonwealth and its branches; an act for the ben¬
efit of John W. Riggs and Joseph Paxton; an act further to regu¬
late the debt due the commonwealth for the sale of vacant lands;
an act to authorise the sale of a part of the public square in the
town of Cadiz; a resolution authorising the Keeper of the Peni¬
tentiary to employ the convicts to work on the walls thereof, and
an act for the benefit of Henry Durham and John Ferguson; and
had found the same truly enrolled.

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills and re¬
solutions.

Mr. Beauchamp, from the select committee to whom was re¬
ferred “a bill to amend the law relative to civil proceedings,” re¬
ported the same with amendments, which were read, and the first

114

JOURNAL OF

THE SENATE.

115

l«s . ill

concurred in; and the bill, with the amendments, was committed
to Messrs. Owens, Marshall, Beauchamp and T. Ward.

The Senate received a message from the House of Representa¬
tives, announcing the passage of bills of the following titles, to
wit: An act for the benefit of Angus M'Phail; an act for the ben¬
efit of Joseph and Thomas Rotch, of Massachusetts; an act allow¬
ing further time for surveying head-right lands and registering the
same, and an act for the benefit of the heirs of John Foster, de¬
ceased.

Which were read the first time, and ordered to be read a second
time; and the rule being dispensed with, the first and second bills
were read a second time, and the first a third time.

Resolved, That the first bill do pass.

The question being taken on reading the fourth bill a second
time, it was resolved in the negative; and so the said bill was re¬
jected.

Ordered, That Mr. Lyon inform the House of Representatives
thereof.

The second bill was committed to the committee for courts of
justice.

The following bills were read a second time, to wit: I. A bill to
raise the wages of the Members of the Legislature; 2. a bill to
amend the act regulating divorces, and 3. a bill to repeal in part
an act for opening a road from Bowlinggreen to the mouth of
Clover creek on the Ohio river, approved December 11, 1822.

The second bill was committed to Messrs. Flournoy, Ewing,
Beauchamp and Towdes; the third bill was laid on the table until
the first day of June next; and the first bill having been engrossed
and the rule being dispensed with, was read a third time.

Mr. Beauchamp moved to fill the blank in the bill with “four
dollars,” being the wages per day; and the question being taken
thereon, it was resolved in the negative—Yeas 3, nays 26.

The yeas arid nays being required thereon by Messrs. Flournoy
and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Ballinger,
Beauchamp and Marshall.

Those who voted in the negative, are, Messrs. C. Allan, C. H.
Allen, Barbee, Barrett, Blackburn, Cowan, Davidson, Dawson,
Duncan, Ewing, Faulkner, Flournoy, Forsythe, Hickman, How¬
ard, Lvon, M'Afee, Miller, Morehead, Rudd, Smith, J. Ward, T.
Ward, Wicklilf, Williams and Worthington.

The blank was then filled with “ three dollars;” and the ques¬
tion being taken on the passage thereof, it was resolved in the af¬
firmative—Yeas 22, nays 12.

The yeas and nays being required thereon by Messrs. Beau¬
champ arid Flournov, were as follows, to wit:

I ,

JOURNAL OF

Those who voted in the affirmative, are, Messrs. Barbee, Bar¬
rett, Beauchamp, Blackburn, Cowan, Davidson, .Dawson, Denny,
Duncan Ewing, Forsythe, Howard, M’Afee, Marshall, Miller,
Roper, Rudd, Towles, J. Ward, T. Ward, White and Worthing-

t0 Those who voted in the negative, are, Messrs. C. Allan, C. H.
Allen, Ballinger, Faulkner, Flournoy, Hickman, Lyon, Moiehead,
Owens Smith, WiclditF and Williams.

Resolved, That the said bill do pass, and that the title be, an
act to raise (he wages of the Members of the General Assembly.

Ordered, That Mr. Ewing inform the House of Representatives
thereof, and request their concurrence. •

On motion of Mr. Blackburn, leave was given him to report a
bill for the improvement of the navigation of the Kentucky river ,
which was read the first time, and ordered to be read a second

Mr. Owens, from the select committee to whom was referred
the petition of David Logan, made a report; which was read, and
committed to a committee of the whole house on the slate ot the

commonwealth, for Wednesday next.

The Senate received a message from the blouse of Representa¬
tives, announcing their concurrence in a resolution from he Sen¬
ate, fixing on a day for the election of certain officers; and also, n
amendments made by the Senate, to bills of the following titles to
wit: An act for the benefit of Mary Karr and her children; an act
for the benefit of Braddock Baker; an act to establish an election
precinct in Washington eouiity; an act for the better regulation ol
the Southern College of Kentucky and the Harrodsburg Semina¬
ry, and an act to change an election precinct in I ike county, and

Ordered!* That"Mr. Flournoy be added to the committee for

Bills from the House of Representatives, of the following titles,
to wit: 1. An act to amend the execution laws ol this common¬
wealth; 2. an act providing for a change of venue in the case of
William Wells, and 3. an act for the benefit ol Harman Gieat-
house, were severally read the first time. . - ,

Mr. Denny moved to lay the first bill on the table until the first
day of June next; and the question being taken thereon, it was
res'lived in the affirmative—Yeas 16, Ways 15.

The yeas and nays being required thereon by Messrs. Hickman

and Beauchamp, were as follows, to wit:

L' use who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barrett, Beauchamp, Dawson, Denny, Duncan, bor-
sythe, M’Afee, Marshall, Miller, Owens, Rudd, 1. Ward, Wlnt
and Worthington.

SATURDAY, NOVEMBER 29, 1823.

The Senate assembled. „ . , ,,

Mr. Roper, from the committee for courts of justice, made the

following report, to wit: ,

The committee for courts of justice have, according to order,
had under consideration the petition of the Shelby county court,
remonstrating against the opening of a road through said county,
agreeably to an act entitled “ an act to authorise the opening a
State Road from Frankfort to Bowlinggreen,” approved Decem¬
ber 11, 1822, unless it is done at the expence of the State, ana
have come to the following resolution thereupon, to wit.

Resolved , That said law ought to »e repealed.

They have also had under consideration the petition of the heirs
of Thomas Crutchfield, deceased, praying that a law may be pass¬
ed authorising asale and conveyance of a tract ot land w hich des¬
cended to them, and have come to the following resolution thcie-
upon, to wit:

Resolved, That the said petition be rejected.

Which was twice read and concurred in.

Ordered , That said committee prepare and bring in a bill pur¬
suant to the first resolution.

Mr. Owens from the select committee to whom was referred a
bill to amend the law relative to civil proceedings,” reported the
same with amendments, which were committed to Messrs. Mar¬
shall, Dawson, Roper, C. Allan, Owens and Flournoy.

Mr. Blackburn, from the select committee to whom was referred
a bill from the House of Representatives, entitled “ an act provid¬
ing for limitations in certain actions,” reported the same without
amendment, and the bill was read a third time.

Resolved , That the said bill do pass, and that Mr. T. Ward in¬
form the House of Representatives thereof.

Bills from the House of Representatives, of the following titles,
to wit: An act allowing further time for surveying head-right
lands and registering the same, and an act for the benefit of Har-
man Greathouse, were severally read a second time*, and the rule
being dispensed with, they were read a third time.

Those who voted in the negative, are, Messrs. C. Allan, Barbee,
.u„rn Cowan, Davidson, Faulkner, Flournoy, Hickman,
Howard. Lyon, Morehead, Roper, Smith, J. Ward and Wickliff.

The rule being dispensed with, the second bill was read a sec¬
ond and third times. , . , .

Resolved, That the said bill do pass, and that Mr. Ewing in¬
form the House of Representatives thereof.

And then the Senate adjourned.

11T

THE SENATE.

JOURNAL OF

Resolved, That the said bills do pass, and that Mr. Ewing inform
the House of Representatives thereof.

A bill to alter the times of holding the common law terms of the
Jefferson circuit court and for other purposes, and a hill to im¬
prove the navigation of the Kentucky river, were severally read a
second time.

The former was ordered to be engrossed and read a third time,
and the latter was committed to the committee of propositions and
grievances.

Mr. Denny presented the report and petition of the Managers
of the Louisville Hospital; which was read, and referred to
Messrs. Denny, Roper and Marshall.

The military nominations made on the 26th and 27th inst. were
taken up and committed to Messrs. T. Ward, Faulkner, Lyon and
Davidson.

Mr. C. Allan read and laid on the table a resolution for ap¬
pointing a committee to examine and report the situation of the
Transylvania University.

The rule being dispensed with, it was taken up and concurred
in as follows, to wit:

Resolved by the General Assembly of the Commonwealth of Kentucky,
That a committee of three from the Senate and six from the
House of Representatives, be appointed to examine the situation
of Transylvania University; that it shall be the duty of the com¬
mittee to examine and report in what manner and for what pur¬
poses the funds of that institution and the appropriations made at
various times by the Legislature, since the first of January 1818,
have been disposed of, and such other facts connected with the
concerns of said institution, as the committee may deem impor¬
tant; and that the said committee have power to send for persons,
papers and records, for their information.

Ordered , That Mr. Ewing inform the blouse of Representatives
thereof.

Mr. Roper, from the committee for courts of justice, reported a
bill to repeal the law authorising the establishment of a State Road
fr m Frankfort to Bowlinggreen, which was rend the first time-;
and the rule being dispensed with, it was read a second time and
committed to Messrs. Wickliff, Miller and White.

The Senate received a message from the House of Representa¬
tives, announcing the passage of an act to amend the act for the
benefit of the wife and children of Benjamin Herndon, and an
act to establish the county of Oldham.

Which were read the first time, and ordered to he read a sec¬
ond time; and the rule being dispensed with, the former bill was
read a second time, and ordered to be read a third time.

Ordered , That the committee of the whole house on the state of
the commonwealth be discharged from the further consideration

TIIE SENATE. 119

of “a liill to enforce the obligation of contracts,” and the same,
with the amendments, was committed to Messrs. M’Afee, Flour¬
noy, Howard, Towles, Blackburn, Denny and Roper.

On the motion of Mr. Owens, leave %vas given to bring in a bill
to change the time of holding certain circuit courts; and Messrs.
Owens, Ballinger and Worthington were appointed a committee,
to prepare and bring it in.

And then the Senate adjourned.

MONDAY, DECEMBER 1, 182.3.

The Senate assembled.

The Lieutenant-Governor being absent, Mr. Ewing was elect-
I ed Speaker for the occasion.

Mr. Barbee, from the joint committee of enrolments, reported
that the committee had examined sundry enrolled bills of the fol-
| lowing titles, to wit: An act to change an election precinct in Pike
county, and for other purposes; an act for the benefit of Harman
Greathouse; an act to provide for limitations in certain actions; .
an act extending the jurisdiction of the trustees of the town of
Paris; an act allowing further time for surveying head-right lands
and registering the same; an act providing for a change of venue
in the case of William Wells; an act to establish the county seat
for Morgan county; an act authorising the inhabitants of Morgan
| county to vote at their present seat of justice; an act for the better
regulation of the Southern College of Kentucky, and for other
purposes; an act for the benefit of Angus M'Phail; an act for the
t benefit of Mary Karr and her children; an act for the benefit of
Braddock Baker, and an act to establish an election precinct in
| Washington and Calloway counties; and had found the same tru¬
ly enrolled.

The Senate received a message from the House of Representa-
H tives, announcing that their Speaker had signed said bills.

Whereupon the Speaker of the Senate signed the same, and
pthey were delivered to the joint committee, to be laid before the
■^Governor; and after some time, Mr. Barbee, from said committee,
reported that they had performed that duty.

The following bills were reported by the select committees to
whom they were referred, to wit: By Mr. Wickliff, a bill to repeal
the law authorising the establishment of a State Road from Frank-
[«fort to Bowlinggreen; and by Mr. Marshall, a bill to amend the
ijflaw relative to civil proceedings; the latter with amendments.

The former bill, having been engrossed, was read a third time.

Resolved , That the said bill do pass, and that the title be, “an
ityj act to repeal the law authorising the establishment of a State Road
|t from Frankfort to Bowlinggreen.”

120 JOURNAL OF

Ordered , That Mr. Wickliff inform the House of Representa-.

^Ordered, That the public printers forthwith print 150 copies of
the latter bill, with the amendments offered, for the use o( the

Tjt Mr. Denny read and laid on the table the following resolution,

t0 Resolved bu the General Assembly of the. Commonwealth of Kentucky ,
That a committee of three from l he Senate and six from the House
of Representatives, be appointed to visit and examine the Louis¬
ville Hospital; vyhose duty it shall be, to ascertain and repoit the
progress which has been made in the erection of the edifice, the
amount of funds expended, the amount necessary to complete and
furnish it, and such other information as shall be deemed lmpor-

ta *The rule being dispensed with, it was taken up, read and con-
cur red in»

Ordered , That Mr. Denny inform the House of Representatives
thereol.

The following report was laid before the Senate, to Wit:

To the Members of the Senate cmd the House 0 / Representatives.

The undersigned, Commissioners appointed by the Legislature
of Kentucky, at their last session, for certain purposes, as are par¬
ticularly set forth in the act of the 7 th of December 1822, entitled
« an act to establish a Lunatic Asylum,” beg leave to report:

That, according to order, your commissioners proceeded to the
purchase, and did purchase ten acres of land, on which lieie is
spring of water that never fails, embracing a suitable site for the
establishment ofa Lunatic Asylum, within one mile of Lexington,
on which there was erected a skeleton of a house, well construct¬
ed for the purpose required. A deed to the same is made to the
Commonwealth of Kentucky, by Mrs. Mary O. Russell, of Lexin a
ton, and recorded in the county court clerk s office.

Your commissioners beg leave further to report, that they pro¬
ceeded, immediately after the purchase as above, to make all ne¬
cessary and proper arrangements to have the house finished 111 a
plain, substantial manner, and to erect such out-houses as are abso¬
lutely necessary for the use and comfort of those deigned to oc¬
cupy the same; that the work is now progressing with all possi¬
ble” dispatch, and it is confidently hoped the labor will be conduc¬
ed by the 15th of December, at which time your commissioner,
will be enabled to make a detailed report of their expenditure oi
the ten thousand dollars appropriated for this purpose, all ol which
has been received, and will be expended in the finishing of the
buildings, which, when done, will accommodate about one hun¬
dred or one hundred and twenty persons, short of the number 1

EBM

THE SENATE. 121

quired to be provided for by the act of assembly. By the addition
of two wings, which were originally contemplated to be added,
the building would accommodate about two hundred persons.
The sum placed at our control was insufficient to cdfect all, and
will barely conclude the project formed, which will not furnish
room for more than one hundred and twenty persons.

The commissioners have made some calculations, as to - the
probable sum that would he required to make the two wings
above referred to, together with the furniture necessary to be pro¬
cured, &lc. and from the best estimate they can make, it will cost
the State ten thousand dollars more, to consummate the object
they had in view. However, your commissioners forbear making
further suggestions, as it is expected, and much desired, that your
honorable body will forthwith appoint a committee, who w ill, as
soon as convenient, visit the property and examine the buildings,
which can be done at this period in the most satisfactory manner,
as the work is just on the eve ol being finished.

All which is respectfully submitted.

R. HIGGINS,

E. WARFIELD,
JOHN W. HUNT.

Lexington, November 21, 1823.

Mr. Roper moved the following resolution, to w it:

Resolved by the General Assembly of the Commonwealth of Kentucky,
That the committee appointed to examine and report the state
and condition of Transylvania University, also report the state and
condition of the Lunatic Llospital at Lexington.

The rule beimr dispensed with, it was taken up, twice read and

Ordered, That Mr.'Roper inform the House of Representatives

S " thereof, and request their concurrence.

The Senate received a message from the House of Representa¬
tives, announcing that they had adopted resolutions from the Sen-
jlate, for appointing a joint committee to examine the Louisville
'Hospital,and a resolution for appointing a committee to examine
the Transylvania University; and that they had passed bills oJ
ithe following titles, to wit: 1. An act to amend an act authorising
la lottery for opening a road from Beaver Creek Iron-Works to
' Prestonsburg; 2. an act to legalize the proceedings of the circuit
| and county courts of Morgan county, and 3. an act for incorporat-

122 JOURNAL OF

Resolved, That the said hills do pass, and that Mr. Lyon in¬
form the House of Representatives thereof.

Ordered , That Messrs. C. Allan, Denny and Ewing he appoint¬
ed a committee on the part of the Senate, to examine and report
the situation of the Transylvania University. .

Ordered , That Messrs. C. Allan, Roper and Wicklm be appoint¬
ed a committee on the part of the Senate, to examine and report
the situation ol the Louisville Hospital.

The following bills were reported, to wit:

By Mr. Owens—A bill for the benefit of Herbert G. Waggoner,
late'sheriff of Adair county.

By Mr. Miller—A bill forming a new county out of parts ol the

counties of Hardin and Breckinridge.

And by Mr. Rudd—A bill allowing an additional justice ot the
peace to Nicholas county. .

Which were severally read the first time; and the rule being
dispensed with, they were read a second time, and the two former
ordered to be engrossed and read a third time.

The hist bill, having been engrossed, was read a third time.

Resolved , That the said bill do pass, and that the title be, “ an
act for the benefit of Herbert G. Waggener, late sheriff ot Adair
countY.”

Ordered , That Mr. Owens inform the Blouse of Representa¬
tives thereof, and request their concurrence.

The third bill was committed to Messrs. Beauchamp, Ballinger
and Rudd; and after some time, Mr. Beauchamp reported the
bill with amendments, which were concurred in, and the bill or¬
dered to be engrossed and read a third time.

Mr. Wickliff read and laid on the table the following resolution,
to wit:

. Resolved by the General Assembly of the Commonwealth of Kentucky,
That it is inexpedient to elect any person as a President or Direc¬
tor of the Bank of Kentucky or its branches, or the Bank ol the Com¬
monwealth or its branches, whose notes are lying over or in suit.

THE SENATE. 123

An engrossed bill entitled “ an act to change the common law
terms of the Jefferson circuit court, and lor other purposes,” was
read a third time, and committed to Messrs. Owens. Denny and
Marshall; and after some time, Mr. Owens reported the bill with
amendments, which were concurred in, and the bill read a third

'"Resolved , That the said bill do pass, and that the title be, an act
to alter the times of holding the common law terms of the Jeffer¬
son circuit court, and for other purposes. ’

Ordered , That Mr. Denny inform the House of Representatives
thereof, and request their concurrence..

Mr. C. Allan read and laid on the table a resolution fixing on
the 15th inst. for the final adjournment of the Legislature.

Ordered , That the select committee to whom were referred the
military nominations made on the 2Gtn and 27th of N.o\ ember, be
discharged from the further consideration thereof; and they were
severally taken up and read as follows, to wit:

Gentlemen of the Senate,

Since the last session of the General Assembly, sundry vacan¬
cies having taken place in the military department, which ha\e
been filled by appointments to expire with the present session, 1
nominate for your advice and consent, the following gentlemen,
who have been so appointed, to be commissioned during good be¬
haviour and their residence within the bounds of their respective

Richard L. Smith, lieutenant colonel of the same regiment, vice
William Freeman, promoted.

Tnmp« Thomas, lieutenant colonel of the 61 st regiment, vice

James Thomas, lieutenant colonel of the Gist regiment,
John C. Smith, rejected.

vice

NathanS. Dallam, colonel of the 97 th regiment, vice Charles
Caldwell, resigned.

James C. Anderson,, lieutenant colonel of the same regiment,
vice Nathan S. Dallam, promoted.

John Lander, major of the same regiment, vice James C. An¬
derson, promoted.

Robert Lewis, colonel of the 39th regiment, vice James Rob¬
ertson, resigned.

James L. Glenn, lieutenant colonel of the 102d regiment. vice-
John Mann, resigned.

JOURNAL OF

James Mansfield, major of the same regiment, vice James L.

Glenn, promoted. ' , . ,

William I. Morton, brigade quartermaster of the 11th brigade,

vice Willis Loving, resigned.

James Rooney, colonel of the 85 th regiment, vice Charles Alien,
removed.

Joseph Scott, lieutenant colonel of the same regiment, vice
James Rooney, promoted.

Alexander Dunlap, lieutenant colonel of the 106th regiment,
vice Anderson Taylor, resigned.

John Steele, majorofthe lOCth regiment, vice Alexander Dun¬
lap, promoted. T ,

John Williamson, colonel of the 12th regiment, vice Joseph

Reading, resigned.

James Patterson, lieutenant colonel of the same regiment, vice
John Williamson, promoted.

Benjamin B. Ballard, major of the same regiment, vice James
Patterson, promoted. .

Pleasant Sandridge, colonel of the 16th regiment, vice Charles

F. Cabiness. removed.

Peter B. Atwood, lieutenant colonel of the same regiment, vice
Pleasant Sandridge, promoted.

Joel Woodward, majorofthe same regiment, vice Peter B. At¬
wood, promoted.

Lemuel Williams, colonel of the 4Gth regiment, vice James
Wilson, stricken off into another regiment.

John M. Emerson, lieutenant colonel of the same regiment,
vice Lemuel Williams, promoted.

George H. Rowland, major of the same regiment, vice John M.

Emerson, promoted.

John Wallace, colonel of the 8th regiment, vice James Dudley,
promoted.

William C. Prewitt, lieutenant colonel of the 8th regiment, vice
John Wallace, promoted

Andrew S. Hughes, colonel of the 13th regiment, vice Henley
Roberts, resigned.

Samuel Snap, lieutenant colonel of the same regiment, vice rlen-
ley Roberts promoted.

William Newton, colonel of the 73d regiment, vice James Hol-
lingshead, resigned.

William M. Sudduth, colonel of the 65th regiment, vice John
Crockett, resigned.

Ephraim Caldwell, lieutenant colonel of the same regiment, vice
William M. Sudduth, promoted.

Barnabas S. Johnson, major of the same regiment, vice Ephraim
Caldwell, promoted.

the SENATE. 125

Isaac W. Dabney, brigadier general of the 21st brigade, vice
'^WimamF.Youngfilfeutena^ colonel of the 50th regiment, vice

William Biggers, resigned,

George H. Gcrton, major of the same regiment, vice William

F. Young, promoted. . , . „

William D. Harlan, major of the 94th regiment, vice George

Murrell, refused to accept.

John Haddix, colonel of the 80th regiment, vice Elijah Combs,

'''RobertBrashears, lieutenant <&tfnel of the 80th regiment, vice
John Haddix, promoted.

Hardin Combs, major of the same regiment, vice Robert Bra-
shears, promoted.

Paul Pigg, colonel of the C8th regiment, vice John Gilbert, re-
signed.

Claiborne W. White, lieutenant colonel of the same regiment,
vice Elijah M’Whiter, resigned.

Jacob Oglesby, colonel of the 33d regiment, vice Isaac W. Dab¬
ney, promoted.

Jacob Newkirk, lieutenant colonel of the same regiment, vice
Jacob Oglesby, promoted.

George Smith, major of the same regiment, vice James Rudy,
resigned.

Robert M'Hatton, brigadier general of the 6th brigade, vice
George Baltzell, resigned.

Alexander Tilford, colonel of the 77th regiment, vice Robert
M’Hatton, promoted.

Thomas H. Bradford, lieutenant colonel of the same regiment ,
vice Alexander Tilford, promoted.

George W. Hall, major of the same regiment, vice Thomas H.
Bradford, promoted.

Jarvis Jackson, lieutenant colonel of the 75th regiment, vice Jo¬
seph Parsons, resigned.

Benjamin Tuggle, major of the same regiment, vice Jarvis Jack-
i son, promoted.

John Whiles, lieutenant colonel of the 44th regiment, vice
■ George Dunagan, resigned.

William Perry, major of the same regiment, vice John Whiles,
promoted.

John H. Miller, colonel of the 1st regiment, vice John Sutton,
resigned.

William Guthrie, lieutenant colonel of the same regiment, vice
Springer Augustus, deceased.

George W. Chambers, major of the same regiment, vice John
H. Miller, promoted.

r*l.

12G JOURNAL OF

George Tyc, colonel of the 89th regiment, vice Joseph Early,
resigned.

Charles C. Carson, lieutenant colonel of the 79 th regiment, vice
William Fish, resigned.

Loftus Cook, major of the same regiment, vice Charles C. Car-
son, promoted.

Samuel Ireland, major general of the Gth division, vice James
Simrall, cashiered.

Robert Martin, brigadier general of the 23d brigade, vice Ben¬
jamin Shacklett, resigned.

Ambrose Dudley, major of the 8th regiment, vice William C.
Prewitt, promoted.

John Owens, major ofthe 17th regiment, vice Barnett Parish,
promoted.

Reuben Adams, lieutenant colonel of the 100 th regiment, vice
John C. Bacon, resigned.

John Woolfolk, major of the same regiment, vice Reuben Adams,
promoted.

Thomas Baird, brigadier general of the 2d brigade, vice Sam¬
uel Ireland, promoted.

Enoch Stout, major of the 85th regiment, viceJoseph Scott, pro¬
moted.

George Pearcy, colonel of the 18th regitneut, vice James Ford,
resigned.

Samuel Harbinson, lieutenant colonel of the same regiment, vice;
George Pearcy, promoted.

Andrew White, major of the same regiment, vice Samuel Har¬
binson, promoted.

James Roberts, colonel of the 88th regiment, vice William M.
Rice, resigned.

Charles T. ChiltoR, lieutenant colonel of the 88th regiment,
vice A. Mitchell, resigned.

Joseph Lecompte, major of the same regiment, vice James Rob¬
erts, promoted.

William Kennedy, colonel of the 48th regiment, vice David Per¬
ry, resigned.

Benjamin D. Beall, major of the same regiment, vice George
M. Beall, promoted.

George M. Beall, lieutenant colonel of the same regiment, vice
William Kennedy, promoted.

William Garnett, major of the 67th regiment, vice George Ter¬
rill, resigned.

Henry G. Tompkins, brigade quartermaster of the 21st brigade.

William Smith, major general of the 12th division, vice George
Britain, resigned.

Joseph Eve, brigadier general of the 24th brigade, vice Wil¬
liam Smith, promoted.

THE SENATE. 127

Thomas L. Tate, major of the 22d regiment, vice Hugh Innes,
deceased.

Thomas Johns, major of the 98th regiment, vice W lliiam Reney,
resigned.

Thomas Alexander, major of the 13tli regiment, vice-

Bakfcr, resigned.

William Parcels, brigade inspector of the 23d brigade, vice
David Moreman, resigned.

John H. Rudd, brigadier general of the 26th brigade, vice Wil¬
liam Mountjoy, deceased.

Felix Huston, brigade quartermaster of the 23d brigade, vice
Armstead H. Churchill, resigned.

John Payne, colonel of the 28th regiment, vice John H. Rudd,
promoted.

Joseph Morris, lieutenant colonel of the same regiment, vice
John Payne, promoted.

John Best, major oflhe same regiment, vice Joseph Morris, pro¬
moted.

JOHN ADAIR.

November 26th, 1823.

Gentlemen of the Senate ,

I nominate for your advice and consent, Lewis Wilcoxon, to
be commissioned colonel of the 33d regiment, vice William Mor¬
row, deceased.

James Samuel, lieutenant colonel of the same regiment, vice
Lewis Wilcoxon, promoted.

Edward Hcssey, major of the same regiment, vice James Samu¬
el, promoted.

John Young, colonel of the 27th regiment, vice Valentine
Thompson, resigned.

James Allen, lieutenant colonel of the same regiment, vice John
Young, promoted.

Solomon Reasoner, major of the same regiment, vice James Al¬
len, promoted.

Robert Hunter, quartermaster of the 6th division, vice Ben¬
jamin F. Dupuy, resigned.

Henry Grider, inspector of the 9th division.

AshurM. Graham, quartermaster of the same division.

Thomas Fletcher, major general of the 3d division, vice Martin
D. Hardin, deceased.

William Pratt, lieutenant colonel of the 39th regiment, vice
Samuel Pile, deceased.

Stephen D. B. Stewart, major ofthe same regiment, vice Wil¬
liam Pratt, promoted.

JOHN ADAIR.

November 27th, 1823.

123

JOURNAL OF

Resolved , That the Senate advise and consent to said appoint¬
ments, except to those of Eli Stoat, major of the 85th regiment,
James Mansiield, ma jor of the 102d regiment, and John H. Miller,
colonel of the 1st regiment.

The two latter were committed to Messrs. White, M’Afee,
Faulkner, Barbee and Davidson.

Ordered , That Messrs. Rudd and Davidson inform the Governor
thereof.

The Senate received a message from the House of Representa¬
tives, announcing the passage of a bill Irom the Senate, entitled
“an act for the benefit of Herbert G. W aggener, late sheriff ol
Adair county.”

And then the Senate adjourned.

TUESDAY, DECEMBER 2, 1823.

The Senate assembled.

Mr. Lyon presented the petition of Isaac Darneille, praying
the pre-emplive right to two quarter sections of land south-west
of the Tennessee river, for the purpose ol promoting education.

Mr. Cowan presented the petition of Tempo Stringer, praying
a divorce from her husband, Jesse Slringer.

Mr. J. Ward presented the petition of sundry citizens of Mason
county, praying the establishment of an election precinct in the
eastern part of said county.

Mr. Bowman presented the petition of sundry citizens of Cum¬
berland county, praying the repeal of the law abolishing imprison¬
ment for debt.

Mr. Carneal again presented the petition of Joseph Cummins
and others, praying the confirmation of a certain deed.

Which were severally read and referred, the first to the commit¬
tee of public lands, the second to the committee of religion, the
third to Messrs. J. Ward, Beauchamp and Faulkner, the fourth to
the commitfee for courts of justice, and the fifth to Messrs. Car¬
neal, MAfee, Owens and Towles.

The question being taken on the reference'of the fourth peti¬
tion, it was resolved in the affirmative—\eas 14, nays 13.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Flournoy, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Barbee, Bow¬
man, Cowan, Davidson, Faulkner, Flournoy, Hickman, Howard,
Lyon, Smith, Towles, J. Ward, White and Wickliff.

Those who voted in the negative, are, Messrs. Ballinger, Barrett,
Beauchamp, Carneal, Dawson, Duncan, Ewing, t orsythe, M Alee,
Marshall, Miller. Morehead and Worthington.

THE SENATE. 129

Mr. Ballinger, from the joint committee appointed to examine
the Register’s office, made the following report, to wit:

Tiie joint committee of the Senate and House of Representa¬
tives, appointed to examine and report the state of the land-office,
have performed the duty required, and report as follows:

That they find, transcribed from the Virginia land-office, 273
bundles of surveys, neatly labelled, with an alphabet; also, 15
bundles containing the cavcatcd and defective surveys on which
grants have issued, 5 bundles caveated surveys, 2 bundles defec¬
tive surveys, and 1 bundle surveys misplaced from their proper
bundle—all neatly labelled, and recorded in 11 volumes, well
bound, with a complete alphabet: 2 bundles of warrants located
and misplaced; 1 bundle copies of wills; 16 volumes, the record
of grants issued on the aforesaid surveys, in good order, with a
complete alphabet. The record of military warrants from the
Virginia land-office, in 2 volumes, with alphabets, in good order;
a list of Virginia treasury warrants, in 2 volumes; the record of
pre-emption warrants, in 1 volume, containing the record of war¬
rants under the proclamation of 1763, with alphabets, and in good
order. Commissioners’certificates granted in 1779 and 80, in 2
volumes, with alphabets, in good order. The sale books of non¬
residents’lands for the years 1800-1-2 and 4, have a new alpha¬
bet; the books are somewhat worn. The books in which the
sales of 1805-6-7—8-9-10-11-12—13-T4—15-16-17-18— 19 and
20 are recorded, they find in good order, with alphabets. Two
volumes in which surveys have been registered since 1792, in good
order. The said surveys are tied up in 144 bundles, neatly label¬
led, with an alphabet. The record of those surveys, together
with the record of some grants, is in 10 volumes, with an alphabet,
in good order. The grants issued on the aforesaid surveys are in
19 volumes, to which there is an alphabet in good order. The
survey^ upon head-right claims are neatly registered in 3 volumes,
with two alphabets, one of which is somewhat worn. The head-
right plats and certificates of survey are filed in 306 bundles, neat¬
ly labelled, and recorded in 17 volumes, with two alphabets, in
jgood order; the grants issued thereon, recorded in 26 volumes,
well bound, with two alphabets, in good order. The land war¬
rants issued under the act of 1800, the surveys and grants on the
’same, as also the Tellico surveys and grants, are in 2 volumes;
they are registered in one volume, the original surveys tied up in
12 bundles, and neatly labelled, all in good order. Nine bundles
certificates on which warrants have issued; 7 bundles certificates
of sale of non-residents’ lands, on which deeds have issued; one
bundle attorney-general’s opinions to the register; 5 bundles
county court certificates; 8 bundles of caveats since 1792; 4 bun¬
dles caveated surveys since 1792; 2 bundles of surveys not regis¬
tered for want of fees, since 1792; 1 bundle defective surveys

JOURNAL OF

since 179-2; 2:3 bundles vouchers on which the Rate Kentucky
land warrants have issued-all neatly labelled and in good order.
One volume containing the surveys under the proclamation
1763, with an alphabet; 2 volumes of certificates gran ed in W 90
and 3 volumes in 1793 , with alphabets. Anderson and Lrogln i
military entry books, in 2 volumes, with alpnabets; the transcript
of Lincoln entries, in two volumes, with an alphabet, m g ood
der- May’s entries (so called) transcribed in 5 volumes, u an
alphabets, in good order; one volume of Green’s deputy reis er
of surveys made previous to June 1792; one volume relinquish¬
ments, in tolerable order; a list of Kentucky warrants issued un¬
der the act of 1314 and the subsequent acts, in 2 volumes, anc
the record of said warrants in G volumes, i he ongina survej s
made on said warrants are tied up in 143 bundles neatly labelled,
and recorded in 8 volumes, well bound; the grants issued theie-
on, recorded in 13 volumes, well bound, with an alp m 111 ! r < 1
order. Said surveys are neatly registered in 2 volumes, with an
alphabet in ghod order. Three volumes in which caveats are -
corded, with alphabets; 1 volume o commissi.onerce.tihe. es
granted in the year 1780, with an alphabet; 11 bo^s of o g
entries from the county of Fayette; 1 ^ok °< o ng‘ 'al en ues h, m
the county ofMercer, 1 from Bourbon 1 from from ^ els ° n ’ , s
been returned by the surveyors of said counties to t J.
office, agreeably to the requisitions o an act-approveIF ebruarji
12 th, 1820; all of which hooks of entries are in orde. fibtobe i
except the 11 books from the county of F ayette. Agreeably te
the report of the committee made at the last session of he Legw.
laturc, the said 11 books of Fayette entries have, n F ^
neatly transcribed in four books; and it is presumed thei.the 4U
hook will include the whole of the said 11 volumes: « ,

it is the unanimous opinion of your committee, ^ a law shoflld
pass legalizing said transcript, and that p region should be made
therein for paying the Register of the land-oihcc for said copies,

and for completing the same.

From the Senate , „ . T

RICHARD BALLINGER.
JOHN H. RUDD.

From the House of Representatives,

SQUIRE TURNER,
BENJAMIN SELBY,

J. THOMAS,

JOHN WOOLFORD,

JOHN YOUNGER,
JEREMIAH COX,

JOSEPH STITH,

JOSEPH SECREST.

Mr. Lyon made the following report, to wil t

The joint committee to whom was referred the examination of
the list of debtors to the Branch Bank of the Commonwealth oi
Kentucky at Princeton, have had the same under consideia ion

and submit the following report: That the debts (so ar as .

know and believe) are well secured, and that the institution ap¬
pears to have been, in other respects, governed by the pnnciplcs

of the charter of incorporation.

Frum the Senate,

CIIIT.TENDEN i,\ON,
YOUNG EWING.

From the House of Representatives,

THOMAS RALEIGH,

JOHN BERRY,

ENOCH PRINCE,

NATHAN O. HADEN,
ABSALOM ASHBY,

R. B. NEW.

Leave was given to bring in the following bills, to wil:

On the motion* of Mr. Lav ids on—A bill to amend the law con-

"532s. of Mr. Beauchamp—A MU for lire bcncHt of

a =chool in Washington county. . J , ■

Messrs. Davidson, Bowman and Miller were appointed a com-
midee to nrenare and bring in the former, and Messrs. Beauchamp,

132

JOURNAL OF

A bill from the House of Representatives, entitled “ an act to
amend art act authorising a lottery for opening a road from Beaver
Creek Iron-Works to Prestonsburg,” was read a second time, and
committed to Messrs. Beauchamp, Lyon and Dawson.

Toe Senate received a message from the House of Representa¬
tives, announcing the passage of a bill entitled “ an act to authorise
the transcribing a book of entries in the ollice of the surveyor of
Nelson county, and for other purposes,” which was read the first
time; and the rule being dispensed with, it was-read a second
time, and committed to Messrs. Morehead, Wicklitf and Beau¬
champ.

The Senate received from the Governor, by Mr. Waggoner,
three messages in writing, containing nominations of officers; and
the rule being dispensed with, they were taken up and read as
follows, to wit:

Gentlemen of the Senate.

I nominate for your advice and consent, Garland Lillard, to
he commissioned major of the 92d regiment of Kentucky militia,
in the place of Archibald Elliott, resigned; to continue in office
during good behaviour and his residence within the bounds of his
command.

JOHN ADAIR.

December 2d, 1823.

Gentlemen of the Senate,

I nominate for your advice and consent, the following gen¬
tlemen, to be commissioned during good behaviour, viz:

Richard Taylor, jr. surveyor of the land set apart for the officers
and soldiers of the Virginia state line.

Simeon S. Goodwin, notary public in aud for the county of Jef¬
fers* as*

Isaac Darnell, notary public in and for the county of Hick¬
man.

David G. Cowan, notary public in and for the county of Mer-
ccr«

JOHN ADAIR.

December 2d, 1823.

Gentlemen of the. Senate,

The ollice of Secretary of State having been vacated by the
death of J. Cabell Breckinritlge, Esq. since the last session of the
General Assembly, and the vacancy having been filled during the
recess of the Senate, by an appointment which will expire with
its present session, I nominate for your advice and consent,
Thomas B. Monroe, (who was so appointed) Secretary of State,

THE SENATE. 133

to be commissioned according to the provisions of the constitution,
lor the balance of the present gubernatorial term.

JOHN ADAIR.

December 2d, 1823.

| Resolved , That the Senate advise and consent to said appoint¬
ments.

* Ordered , That Messrs. Davidson and Owens inform the Gover¬
nor thereof.

I The Senate received a message from the House of Representa¬
tives, announcing their concurrence in a resolution from the Sen¬
ate, for appointing a joint committee to report the condition of the
Lunatic Hospital, and an act for the benefit of John A. Stevenson
and wife; also, the passage of bills of the following titles, to wit:
1 . An act to amend an act entitled “• an act for the benefit of Polly
Simpson and her children;” 2. an act to declare the Wolf Lick fork
af Muddy river navigable; 3. an act allowing additional consta¬
bles to the counties of Washington and Casey; 4. an act allowing
additional justices of the peace to certain counties; 5. an act for
the benefit of David and Robert Griffith, and 6. an act to alter the
time of electing representatives to Congress from this State,
lb Which bills were severally read the first time, and ordered to
be read a second time; and the rule being dispensed with, the
first five bills were read the second time, and ordered to be read a
third time.

The first bill was read a third time.

Resolved , That the said bill do pass, and that Mr. T. Ward in¬
form the House of Representatives thereof.

The fifth bill was committed to the committee for courts of jus¬
tice.

■a The Speaker laid before the Senate a letter from G. F. H.
Crockett, enclosing an address to the Legislature on the abolition
of capital punishments; which was read, and referred to Messrs.
Flournoy, Blackburn, Marshall, T. Ward, Howard, Carneal and
UFA fee.'

And then the Senate adjourned.

WEDNESDAY, DECEMBER 3, 13-23.

I The Senate assembled.

The Lieutenant-Governor appeared and resumed his duties.

1 Mr. Barbee, from the joint committee of enrolments, reported
that the committee had examined sundiy enrolled bills and reso¬
lutions of the following titles, to wit: An act legalising the pro¬
ceedings of the circuit and county courts of Morgan county; an
act to amend an act entitled “ an act for the benefit of the wife

i i'

“'"'•'"•'■MU.,,,, ,]

j 34 JOURNAL OF

and children of Benjamin Herndon; an act lor incorporating the
Hartford Bridge Company ; an act for the benefit ol Herbert G, •
Waggoner, late sheriff of Adair county; a resolution for appoint-
ing a joint committee to examine the Louisville Hospital; a reso-
Jufion fixing a day for the election of certain officers, and a resolu¬
tion for appointing a committee to examine Transylvania Univer- ®
sity; and had found the same truly enrolled.

The Senate received a message from the House of Represenhi-Bjffl
tives, announcing that their Speaker had signed said bills and reH|
solutions.

Whereupon the Speaker of the Senate signed the same, aniMi
they were delivered to the joint committee of enrolments, to
laid before the Governor; and after some time, Mr. Barbee, fronjfl
said committee, reported that they had performed that duty.

The Senate received a message from the House of Represent;;'
fives, announcing the passage of bills of the following titles, t; j
wit; 1. An act for the benefit of William and Manley Camron; ?, ^

an act to amend the several laws now in force concerning the tow;
of Maysville, in the county of Mason, and 3. an act to add part os 0
the county of Fleming to the county of Nicholas.

Which were severally read the first time, and ordered to be read g
a second lime; and the rule being dispensed with, the first aw
second bills were read a second time, and the first a third time. ^

Resolved , That the first bill do pass, and that Mr. Ewing infornj
the House of Representatives thereof. i

The second bill was committed to Messrs. Flournoy, CarnealB
Wicklilf, J. Ward and Beauchamp. |

A bill to provide for the more speedy adjustment of the account ,
of executors, guardians and administrators, was read a secondly
time, and committed to Messrs. Blackburn, Howard and Towles, j

Mr. Lyon, from the select committee to whom was referred; 8 jj
bill from the House of Representatives, entitled “ an act to ament I j
an act authorising a lottery for opening a road from Beaver Creel
Iron-Works to Prestonsburg,” reported the same with an amend!
meat, which was concurred in, and the bill read a third lime.

Resolved , That the said bill, as amended, do pass, and that the j
title be, “an act to amend an act authorising a lottery for opening, I
a road from Beaver Creek Iron-Works to Prestonsburg, and for .
other purposes.”

Ordered , That Mr. Ewing inform the House of Representative; |
thereof.

The following bills were reported, to wit;

By Mr. Morehead—A bill for the benefit of the stockholders ofi I
the Farmers and Mechanics’ Bank of Logan, and for other pur- |
poses.

By Mr. Blackburn— A bill for the benefit of Robert Kinkaid. I
and a bill to change the terms of the Woodford circuit court.

THE SENATE. 135

I 'Which were severally read the first time, and ordered to be read
.1 second time; and the rule being dispensed with, the first bill
was read a second time, and committed to Messrs. Ewing, More-
head and Towles.

Mr. Morehead, from the select committee to whom was referred
a bill from the House of Representatives, entitled “ an act to au¬
thorise the transcribing a book of entries in the office ot the sur-
\|;yor of Nelson county, and for other purposes, reported the same
with an amendment, which was concurred in arid the bill read a
third time.

& Resolved , That the said bill, as amended, do pass, and that Mr.
Ewing inform the House of Representatives thereof.

I* The following bills were reported from the select' committees
to whom they were referred, to wit: By Mr. M’Afiee, a bill to en¬
force the obligation of contracts; by Mr. Flournoy, a bill to
amend the law concerning public roads; and by Mr. r ! . Ward, a
bill to amend the militia law; with amendments to the first and
third.

f Mr. Towles moved a substitute for the one reported to the first,
and the whole subject was laid on the table.

. Ordered , That the public printers forthwith print 150 copies ol
said amendment, for the use of the Legislature.

H The second bill was ordered to be engrossed and read a third
time.

: The question being taken on the passage of the third bill, it was
resolved in the negative; and so the said bill was rejected.

Bills from the House of Representatives, of the following titles,
to wit: 1. An act allowing an additional constable to the counties
of Washington and Casey; 2. an act to declare the Wolf Lick
fork of Muddy river navigable; 3. an act to alter the time of elect¬
ing representatives to Congress from this state, and 4. an act al¬
lowing additional justices of the peace to certain counties, were
severally read a second time.

The rule being dispensed with, the first and second bills were
read a third time.

[Resolved, That the said bills do pass, and that Mr. Ewing inform
the House of Representatives thereof.

The fourth bill was committed to Messrs. Beauchamp, Bowman
and Flournoy.

And then the Senate adjourned.

THURSDAY, DECEMBER 4, 1823,

JOURNAL OF

The Senate assembled.

The Senate received a message from the House of Representa¬
tives, announcing that they had received official information that
the Governor had approved and signed sundry enrolled hills and
resolutions, which originated in that House, of the following titles,
to wit: An act for the benefit of John M. Riggs and Joseph Paxton;
an act to alter the mode of appointing trustees in the Madison
seminary; a resolution authorising the Keeper of the Penitentiary
to employ llie convicts to work on the walls thereof; a resolu¬
tion appointing joint committees to examine the reports of the
Bank of the Commomveallh and its brandies; an act to appoint
commissioners to iix upon a permanent seat of justice for Pike
county, and for other purposes; an act to authorise the sale of a
pari ofthe public square in the town of Cadiz; an act further to
regulate the debt due the commonwealth for the sale of vacant
lands; an act for the benefit of Henry Durham and John Fergu¬
son; an act to authorise the Editors of The Green River Corres¬
pondent,” and “ The Commonwealth,” to insert certain advertise¬
ments therein; an act extending the jurisdiction of the trustees
ofthe town of Paris; an act allowing further, time for surveying
head-right lands and registering the same; an act to provide for
limitations in certain cases; an act providing for a change of venue
in the case of William Wells; an act to change an election pre¬
cinct in Pike county, and for other purposes; an act for the benefit
of Harman Greathouse; an act for the benefit of Mary Karr and
her children; an act for the benefit of Braddock Baker; an act to
establish election precincts in Washington and Calloway counties;
an act to establish the county seat for Morgan county; an act for
the better regulation of the Southern College of Kentucky, and
for other purposes; an act to authorise the inhabitants of Morgan
county to vote at their present seat of justice.

Mr. Ballinger, from the joint committee of enrolments, reported
that the committee had examined sundry enrolled bills of the fol¬
lowing titles, to wit: An act to amend an act entitled “ an act for
the benefit of Polly Simpson'and her children:” an act allowing an
additional constables to the counties of Washington and Casey; an
act for the benefit of William and Manley Camron, and an act to
declare the Wolf Lick fork of Muddy river navigable; and had
found the same truly enrolled.

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills.

Whereupon the Speaker of the Senate signed the same, and
they were delivered to the joint committee, to be laid before the

Governor; and after some time, Mr. Ballinger, from said corim it-
tee, reported that they had performed that duty.

Mr. Towles, from the joint committee appointed to visit the
Asylum of the Deaf and Dumb, made the following report, lo; wit:

The joint committee appointed by the Senate arid House, of
Representatives to visit the Asylum for the education of the Deaf
and Dumb, have performed that duty, and beg leave to report:
That they remained in Danville, and visited the Asylum on two
successive days, and were greatly gratified in witnessing the prog¬
ress made by the pupils, whose facility and correctness in compre¬
hending the signs made by the teacher, and in expressing their
ideas, exceeded any thing that could have been anticipated by the
most sanguine friends oi the institution. All those who had been
instructed in the As\lum for four months, wrote good hands, spel¬
led correctly, and answered, promptly and correctly, numerous
questions that were proposed to them by the teacher and members
of the committee. They would, therefore, recommend the Asy¬
lum to the continued and extended patronage of the Legislature,
as the only mode of redeeming this unfortunate portion of our
species from the ignorance and stupidity to which they would be
otherwise consigned by the partial hand of Nature, and, indeed, of
transferring them from a state of almost mental blindness, to that
of intellectual and accountable beings.

They beg leave further to report, that the countenances of tho
pupils indicated that they are happy and contented in the new
situation to which they have been translated; that the Matron
and Superintendent attend to their wants, and treat them with
the most tender and affectionate care.

They cannot forbear to remark, that they deem the location of
the Asylum singularly fortunate. The town and vicinity of Dan¬
ville are well watered, and remarkably healthy; the wants ol the
institution can be as cheaply supplied there, as in other portions
of the State; while the warm interest, and the liberality mani¬
fested towards the institution, by the citizens of the town and
neighborhood, is as highly honorable to themselves, as it is advan¬
tageous to the institution.

From the Senate ,

W. P. ROPER,
THOMAS TOWLES.

From the House of Representatives ,

H. O. BROWN,

R. B. NEW,

THOMAS JOYES,
JOHN BERRY.

The Senate received a message from the House of Representa¬
tives, announcing that they had passed a bill from the Senate.

THE SENATE.

: -

JOURNAL OF

entitled “.an act for the benefit of Joseph Ketch urn,” and the pas¬
sage of bills ofthe following titles, to wit: An act providing for a
change of venue in the case of Elijah Walton; an act to legalize
the proceedings ofthe Simpson county court; an act for the ben¬
efit of Thomas Pitman, and an act for the benefit of Andrew
Hemphill, of Jessamine county.

Mr. Ewing, from the select committee to whom was referred a
bill for the benefit ofthe stockholders ofthe Farmers and Mechan¬
ics’ Bank of Logan, and for other purposes, reported the same
with an amendment, which was concurred in, and the bill order¬
ed to be engrossed and read a third time.

The following bills were reported, to wit:

By Mr. Davidson—A bill to amend the law concerning consta¬
bles:

By Mr. Barbee—A bill appointing persons to view a way for a
road from Greensburgto the Ohio river.

And by Mr. Lyon—A bill for the benefit of James Alcorn,
sherififof Livingston county.

Which were read the first time, and ordered to be read a second
time; and the rule being dispensed with,the latter bill was read a
second time, and committed to Messrs. Marshall, Lyon and Ewing.

Ordered , That the committee of the whole house on the state of
the commonwealth be discharged from the further consideration
of the report of the select committee on the petition of David Lo-
gan.

Several amendments were offered, and the whole subject laid
on the table.

Mr. Flournoy presented the petition of Thomas P. Sattcrwhite,
administrator of William Satterwhite, deceased, praying that a
law may be passed for subjecting a lot belonging to the estate of
Charles flinch, deceased, for the purpose of paying a debt due to
said administrator; which was read, and referred to the committee
for courts of justice.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Blackburn—A bill to amend and reduce
-into one the several acts regulating executions.

And on the motion of Mr. Howard—A bill for the benefit of se¬
curities.

Messrs. Blackburn, T. Ward, Flournoy, M’Afee and Howard
were appointed a committee to prepare and bring in the former,
and Messrs. Howard, Towles and Marshall the latter.

And then the Senate adjourned.

the senate.

139

FRIDAY, DECEMBER 5, 1823..

The Senate assembled.

Mr. C. H. Allen presented the petition of E'round Bartlett,
praying that a law may be passed authorising the Register of the
land-office to make him a deed to a certain tract of land which was
purchased at the Register’s sale, and the certificate thereot ost.

Mr. Faulkner presented the petition of Edward Mobberly and
others, praying that a law may be passed authorising the sale and
conveyance of a certain tract of land in Garrard county. Also, the
petition of John Williams, representing that he is prosecuted in
the Fayette circuit court for a misdemeanor, and owing to tno
prejudices that exist against him in said circuit, lie cannot have a
fair trial there, and praying a change ofver.ue.

Which were severally read, and referred to the committee tor

courts of justice.

The senate received a message from the House of Representa¬
tives, announcing the passage of bills ofthe following titles, to wi •

1 . An act allowing an additional Director to the Branch Bank o
the Commonwealth at Hartford ; 2. an act for the benefit of W i!-
liam Scott: 3. an act for the benefit of Patsey Sproule, and 4. an
act to authorise Leaven Luckett to complete the erection oi a mill
on Hinkston, and for other purposes.

Which bills were severally read the first time ; and the rule be¬
ing dispensed with, they were read a second time, and the three

latter a third time. , ...

Resolved , That the three latter bills do pass, and that Mr. Wil¬
liams inform the House of Representatives thereof.

The first bill was committed to Messrs. Barbee, WickliU and

Worthington. , .

Ordered , That the committee of the whole house on the state ol
the commonwealth be discharged from the further consideration
of a bill to provide for the sale of certain vacant lands west oi t.ie
Tennessee river.

The following bills were reported, to wit:

By Mr. Marshall—A bill incorporating the Benson Bridge Com¬
pany.

By Mr. Howard—A bill for the benefit of securities.

And by Mr. T. Ward—A bill giving Clerks further time to exe¬
cute their office bonds. T

Which were severally read the first time, and ordered to be read
a second time; and the rule being dispensed with, the two former
bills were read a second time.

The former was committed to Messrs. Davidson, C. H. Allen.
Howard, Faulkner and Blackburn, and the latter was committc

JOURNAL OF

to a committee of the whole house on the state of the commote
wealth.

Ordered, That the public prihters forthwith print 150 copies of
the latter hill, for the use of the Legislature.

Mr. Marshall, from the select committee to whom was referred
a bill for the benefit of James Alcorn, sheriff of Livingston coun¬
ty, reported the same with an amendment, which was concurred
in; and the hill, having been engrossed, was read a third time.

Resolved , That the said bill do pass, and that the title be, “ an act
for (he benefit of certain sheriffs.”

Ordered, That Mr. Owens inform the House of Representatives
thereof, and request their concurrence,

Mr. Williams, from the joint committee of enrolments, reported
that the committee had examined an enrolled bill entitled “an
act for the benefit of William Scott,” and had found the same tru¬
ly enrolled.

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said hill.

Whereupon the Speaker of the Senate signed the same, and
it was delivered to the joint committee, to be laid before the
Governor; and after some time, Mr. Williams reported that they
had performed that duty.

Engrossed bills, to wit: A bill concerning public roads; a bill
forthe benefit of the stockholders of the Farmers and Mechanics’
Bank o/’Logan, and for other purposes, were read a third time.

Resolved, That the latter bill do pass, and that the title be, “ an
act for the benefit of the stockholders of the Farmers and Mechan¬
ics' Bank of Logan, and for other purposes.

Ordered, That Mr. Ewing inform the House of Representatives
thereof, and request Weir concurrence.

Tiie former bill was laid on the table.

The following bills were read a second time, and ordered to be
engrossed and read a third time, to wit: A bill to change the
terms of the Woodford circuit court; a bill for the benefit of Rob¬
ert Kinkaid; a bill for opening a road from Greensburg to the
Ohio river, and ?i bill to amend the law concerning constables.

The two former, having been engrossed, were read a third time.

Resolved, That the said bills do pass, and that the titles be, res¬
pectively', “an act to change the terms of the Woodford circuit
court,” and “ an act for the benefit of Robert Kinkaid.”

Ordered, That Mr. Blackburn inform the House of Representa¬
tives thereof, and request their concurrence.

Bills from the House of Representatives, of the following titles,
to wit: 1. An act to legalize the proceedings of the Simpson
county court; 2. an act for the benefit of Andrew Hemphill, of
Jessamine county; 3. an act providing for a change of venue in
the case of Elijah Walton, and 4. an act for the benefit of Thomas

Pitman were read the first time and ordered to be read a second
time.

The rule being dispensed with, the two first bills were read a
second and third times.

Resolved , That the said bills do pass, and that Mr. Williams in¬
form the House of Representatives thereof.

A bill from the House of Representatives, entitled “ an act to
repeal in part
training tippli

act to amend an act regulating taverns and res-
houses,” was taken up, amended, and read a

third time.

Resolved, That the said bill, as amended, do pass, and that Mr.
Ewing inform the House of Representatives thereof.

Ordered. That the committee for courts of justice be discharged
consideration of a bill

the further
and others,

Cummin

The said bill, having been engrossed, w

as read a third time; anu
the question being taken on the passage thereof, it was resolved
in the affirmative

Yeas 19,

The yeas and nays being
and Davidso

Those who voted in the affirmative,
Bahinger, Beauchamp, Blackburn,
Duncan,

•ed thereon by Messrs. Caracal
were as follows, to wit:

, are, Messrs. C. H. Allen,
Bow-man, Carneal, Cowan,
ier, Lyon, Miller, Owens, Rudd, Smith,
iff and Worthington,
the negative, are, Messrs. Davidson and

White.

Resolved, That (lie said bill do pass, and that the title be, “an
act for the benefit of Joseph Cummins and others.”

Ordered , That Mr. Carneal inform the House of Representa¬
tives thereof, and request their concurrence.

And then the Senate adjourned.

SATURDAY, DECEMBER G, 1323

The Senate assembled.

The Senate received, by the Secretary of State, a message
■from the Governor, covering a preamble and resolutions of the
■General Assembly of the State of Tennessee, concerning the prac¬
tice of Members of Congress meeting in Caucus and nominating

S ersons to be voted for as President and Vice-President.

Mr. Miller presented the petition of Robert C. Slaughter, pray-
lg that a law may lie jiassed allowing him compensation for ap-
reheuding a certain John Biggins and John Potter, who were
Imrgcd with felony; which was read, and referred to Messrs.
Idler, Dawson and Ewing.

Mr. Ewing moved the following resolution, to wit:

Resolved by the. Senate, That the Sergeant-at-arms be directed
forthwith to procure a sufficient number of comfortable seats in
the gallery, for the accommodation of spectators, whenever they
mav think proper to attend the debates of this House.

Which was adopted.

Mr. Roper, from the committee for courts of justice, made the
following report, to wit:

The committee for courts of justice have, according to order,
had under consideration a bill from the House of Representatives,
entitled “ an act for the benefit of David and Robert Griffith," and
have come to the following resolution thereupon, to wit:

Resolved, That the said bill ought to pass.

Which was twice read and concurred in, and the bill was read a
third time.

Resolved, That the said bill do pass, and that Mr. T. Ward in¬
form the House of Representatives thereof.

Ordered, That the committee of the whole house on the state of
the commonwealth be discharged from the further consideration
of a bill from the House of Representatives, entitled “an act to
prescribe the duties of the Judges of the Court - of Appeals, and
for other purposes.”

The tirst section of the bill was read as follows, to wit:

“ In future, it shall not be the duty of the Court ot Appeals to
deliver written opinions in cases involving matters ot fact only, or
principles of law previously settled by said court; but it shall be
sufficient for said court to state the principle or principles upon
which the case may be determined, and to refer to the case or
cases in which the said principle or principles may have been re¬
cognized.”

Mr. Owens moved to amend the bill by striking out said section,
and it was resolved in the negative—Yeas 2, nays 24.

The yeas and nays being required thereon by Messrs. Owens
and T. Ward, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Ballinger and
Owens.

Those who voted in the negative, are, Messrs. C. Allan, C. H.
Allen, Barrett, Beauchamp, Blackburn, Bowman, Carneal, Cowan,
Davidson, Faulkner, Forsythe, Hickman, Howard, Lyon, Marshall,
Miller, Morehead, Roper, Rudd, Towles, J. Ward, I. Ward,
Wickliff and Worthington. y •

The bill was then read a third time; and the question being
taken on the passage thereof, it was resolved in the affirmative—
Yeas 22, nays 3.

The yeas and nays being required thereon by Messrs. Owens
and Blackburn, were as follows, to wit:

142

JOURNAL OF

THE SENATE.

143

Those who voted in the affirmative, are, Messrs. G. Allan, C. H.
Allen, Barrett, Beauchamp, Blackburn, Bowman, G’arneal, Cow¬
an, Davidson, Faulkner, Hickman, Howard, Lyon, Marshall, Mil¬
ler, Morchead, Rudd, Towles, J. Ward, T. Ward, Wickliff and
Worthington.

Those who voted in the negative, are, Messrs. Ballinger, Daw¬
son and Owens.

Resolved, lliat the said bill, as amended, do pass, and that Mr.
T. Ward inform the House of Representatives thereof.

The Senate received a message from the House of Representa¬
tives, announcing that they had disagreed to the amendments
made by the Senate to a bill for the benefit of George Payne.

An engrossed bill for the formation of a new county out of parts
of the counties of Hardin and Breckinridge, was taken up.

Resolved, That the said bill do pass, and that the title be, “an
act for the formation of a new county out of parts of the counties of
Hardin and Breckinridge.”

Ordered, That Mr. Miller inform the House of Representatives
thereof, and request their concurrence.

The Senate received from the Governor, by Mr. Waggener, a
message in writing, containing certain military nominations.

And then the Senate adjourned.

MONDAY, DECEMBER 8, 1823,

The Senate assembled.

The following bills were reported, to wit:

By Mr. Lyon—1. A hill to authorise the clerk of the Hickman
county court to transcribe certain records; also, 2. a bill for the
benefit of Charles Brandon and Leonard Kaler.

And by Mr. Carneal—3. A bill for the benefit of the heirs of
Benjamin Beall and Janetta II. Beall, late of the county of Camp-
bell.

Which were severally read the first time, and ordered to be read
a second time; and the rule being dispensed with, the first and
third bills were read a second time, and the first a third time,
(having been engrossed.)

Resolved, That the first bill do pass, and that the title be, “ an
act to authorise the clerk of the Hickman county court to tran¬
scribe certain records.”

Ordered, That Mr. Lyon inform the House of Representatives
thereof, and request their concurrence.

The following bills were reported from the select committees
to whom they were referred, to wit; By Mr. Blackburn, 1, a bill

r?\ _

JOURNAL OF

to provide for the more speedy adjustment of the accounts of ex¬
ecutors, guardians and administrators; l\y Mr. Barbee, 2. a bill
from the House of Representatives, entitled “an act allowing an
additional Director to the Branch Bank ot the Commonwealth at
Hartford;” by Mr. Beauchamp, 3. a bill from the House of Rep¬
resentatives, entitled “an'act allowing additional justices ot the
peace to certain counties;” and by Mr. Marshall, 4. an act to
amend the act for the establishment of a State Road horn Lex¬
ington to Ghent; with amendments to the three former, which
were concurred in.

The three latter bills were read a third time.

Resolved, That the said bills do pass, the second and third as-
amended, and that the title of the second be, “ an act allowing
additional Directors to certain Branches of the Bank oi the Com¬
monwealth.” .

Ordered, That Mr. Wickliff inform the Housed Representa¬
tives thereof. ,

The first bill was ordered to be engrossed and reau a Hunt

time. . .

On the motion of Mr. Wickliff, leave was given to bring in a
bill to divide the State into Electoral Districts; and Messrs. W lck-
lifjj C. Allan and Bowman were appointed a committee to prepare
and bring it in.

Ordered, That the report of the joint committee appointed to
visit the Asylum for the tuition of the Deaf and Dumb, be referred
to the general committee raised on that subject.

The Senate received a message from the House of Representa¬
tives, announcing the passage ot bills ol the following titles, to
wit: An act for the beneht oi Denese Fish'eli, and an act for the

beneiitof the late sheriff of Adair county .

Which were severally read the lirst time; and the rule being
dispensed with, they were read a second and third times.

Resolved, That the said hills do pass, and that the Clerk inform

the House of Representatives thereof.

A bill from tire House ol Representatives, entitled • an act al¬
tering the time of electing representatives to Congress from this
State,” was read a third time, as follows, to wit:

k [’ Re il enacted by the-General Assembly of the Commomvealth of
Kentucky , That so much of the act of the May session 1822, enti¬
tled “ an act laying olf the State into Congressional Districts, as
directs that an election for representatives to Congress shall be
held on the lirst Monday in August, in the year 1824, shall be, and
the same is hereby repealed.

k 0. And be it farther enacted, That an election for representa¬
tives to Congress, shall be held on the first Monday in August 1 825.
and every two years thereafter, according to the provisions, and
under the regulations of the before recited act.

} _

• vV

And the question being taken on the passage u.eieu., it .t-
solved in the negative—Yeas 9, nays 19.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Rudd, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Barbee, Black¬
burn. Davidson, Faulkner, Hickman, Roper, Towles, Wickliil and

W Those S \vho voted in the negative, are, Messrs. C. Allan, C. H.

Allen, Ballinger, Barrett, Beauchamp, Bowman, Carneal, Cowan

Dawson, Forsythe, Lyon, Marshall, Miller, Morehead, Owens,
Rudd, J. Ward, T. Ward and Williams.

Ordered , That the Clerk inform the House of Representatives

thereof.

The bill from the House of Representatives, entitled “an act
for the benefit of George Payne,” with the amendments made by
the Senate, was taken up and read again.

Resolved, That the Senate recede from their first amendment;
also, from the second, with an amendment; and that the Clerk in¬
form the House of Representatives thereof.

Bills from the House of Representatives, of the following titles,
to wit: An act to add part of the county of Fleming to the county
of Nicholas, and an act for the benefit of Thomas Pitman were
read a second time, and the latter amended at the Clerk s table.
The rule being dispensed with, the latter bill was read a third time.

Resolved , That the said bill, as amended, do pass, and that the
Clerk inform the House of Representatives thereof.

The former bill was committed to the committee of propositions

andgnevances. further time to execute their office bonds,

was read a second time, and committed to Messrs. Wickliff, Car-

neal and Marshall. , .

Engrossed bills, to wit: A bill to amend the law concerning
constables, and a bill appointing persons to view a way for a road
from Greensburg to the Ohio river, were read a third time.

Resolved , That the former bill do pass, and that the title be, an
act to amend the law concerning constables.”

Ordered, That the Clerk inform the House of Representatives

JOURNAL OF

Tuesday, December 9 , 1323 .

The Senate assembled.

Mr. Roper, from the committee for courts of justice, made the
following report, to wit:

The committee for courts of justice, to wiiom was referred a
bill from the House of Representatives, making provision for the
payment of a debt due to Joseph and Thomas Rotch, upon a con¬
tract made by them with the Keeper of the Penitentiary, have had
that subject under consideration, and have examined into the ori¬
gin and character of said claim, and beg leave respectfully to re¬
port, as the result of that examination, that the said Joseph and
Thomas Rotch, in the year 1818, upon a contract with William
Starling, then Keeper of the Penitentiary, sold and delivered to
him, for the use of that institution, a large quantity of rolled slit
iron, (say about 100 t ns,) at the price of §23,684 83, the whole
of which sum was to have been paid upon the delivery of the iron;
that about the time it was received, the Keeper paid §14,684 83
of the price, and failing to pa}- the balance of §9,000, gave to the
Messrs. Rocthes a w ritten certificate or acknowledgment of that
amount being due them, expressing that it was to bear interest
from about the first of October 1818; that the said debt has ever
since been recognized in the public accounts, and has been regu¬
larly reported by the Auditor to the Legislature, as a debt due,
at every session from the year 1819 down to the present period.
Your committee further report, that from the most unquestiona¬
ble testimony, it appears that the whole transaction was perfectly
fair and honorable; that the iron was sold at a fair price; that
it was of excellent quality; that no part of it was misapplied by
the Keeper; that it was manufactured into nails, at the Peniten¬
tiary, in the years 1318 and 1819, and that the nails probably
manufactured out of said iron, amounted, according to official re¬
ports made to the Auditor, to the sum of §35,000, the whole of

which, has, no doubt, been long ago accounted for and paid into
the treasury, and has yielded to the State a considerable profit on
the purchase made as aforesaid. They further report, that after
many unavailing applications to the Keeper of the Penitentiary,
the Messrs. Rotches, on the 14th of January 1820, presented a pe-
titiou to the House of Representatives of this State, praying that a
law might pass, authorising and directing the payment of this
claim; that their petition, however, was never finally acted upon,
and that the debt due them remains still unsatisfied, although they
have pursued it with diligence, and at very considerable trouble
und expence.

The certificate or acknowledgment of the debt, given by the
Keeper of the Penitentiary, and which accompanied the said pe¬
tition, and was presented with it to the Legislature, has since been
lost or mislaid.

Under all the circumstances of this case, your committee can¬
not hesitate to recommend that the bill ought to pass, and that the
Messrs. Rotches are entitled to interest on the §9,000, from the
first of October 1818.

Which was laid on the table.

On the motion of Mr. Rudd, leave was given him to report a bill
for the benefit of the heirs of Philip Buckner, deceased; which
was read the first time and ordered to be read asecond time.

Mr. Lyon presented the petition of sundry citizens of Hickman
county, praying that a law may be passed authorising the opening
of a road through a portion oifsaid .county at public expence.

The Speaker laid before the Senate a'letter from the President
of the Bank of Kentucky, covering a memorial of the Board, pray¬
ing a re-organization of the institution.

Mr. Denny presented the remonstrance of sundry citizens of
Jefferson and Henry counties, against the formation ol a new
county out of parts of Jefferson, Shelby and Henry. Also, the
petition of James S. Bate, praying that he may be invested with
the commonwealth’s right of escheat to a certain tract of land in
Breckinridge county, and that the venue in certain actions ol
ejectment pending in said circuit, wherein he and others are de¬
fendants, may be changed to some other circuit.

Which were severally read, and referred, the first to the com¬
mittee of propositions and grievances; the second to Messrs.
Marshall. Morehead and Carneal; the third was laid on the ta¬
ble, and'the fourth committed to the committee for courts of jus¬
tice.

Mr. Blackburn read and laid on the table a resolution proposing
additional joint rules; and the rule being dispensed with, it was
taken up, read and adopted, as follows, to wit:

Resolved by the General Assembly of the Commonwealth of Kentucky ,
That the following additional joint rules b^ adopted, to wit:

When bills or resolutions have passed either branch of the Le¬
gislature, and are amended by the other and reported back, such
amendment shall be placed first in the orders of the day.

The bills or resolutions passed by one branch, shall be placed
first in the orders of the day in the other branch, and have a
preference to the bills or resolutions which originated in the latter.

Ordered. That Mr. Blackburn inform the House of Representa¬
tives thereof, and request their concurrence.

Mr. Dawson, from the joint committee appointed to examine
the report of the Branch Bank of the Commonwealth at Bowling-
green, made the following report, to wit:

THE SENATE.

147

148 JOURNAL OF

The joint committee of the Senate and House of Representa¬
tives, appointed to enquire into and report the situation of the
Branch of the Bank of the Commonwealth of Kentucky located at
Bowlinggreen, have had the subject under consideration, and sub¬
mit the following report:

From the best information they have been able to obtain, your
committee are of opinion that the debts due to that Branch are
well secured, with a few exceptions, and that the affairs of the in¬
stitution have been judiciously and prudently managed in the
general.

All of which is respectfully submitted.

From the Senate,

CHARLES MOREHEAD,
ANAK DAWSON.

From the House of Representatives,

J. THOMAS,

W. LYNCH,

J. HARRELD,

JOHNSON J. COCKRILL,

P. N. O'BANNON,

SAMUEL 1. M’DOWELL,

A. R. MACEY.

Mr. Ewing read and laid on the table a resolution restricting the
calls to be made by the Commonwealth’s Bank on its debtors, to
one per cent, a month on the sum due.

Mr. Roper, from the committee for courts of justice, to whom
was referred -‘a bill for the benefit of Benjamin Beall and Janetta
H. Beall, late of the county of Campbell,” reported the same with¬
out amendment. • ,

The bill, having been engrossed, was read a third time; and the
question being taken on the passage thereof, it was resolved in the
affirmative—Yeas 17, nays 16,

The yeas and nays being required thereon by Messrs, b aulkner
.and Flournoy, were as follows, to wit:

Those who voted it* the affirmative, are, Messrs. Ballinger, Bar¬
rett, Beauchamp, Carneal, Denny, Ewing, Forsythe, Gorin, Lyon,
Marshall, Owens, Rudd, Smith, J. Ward, T. Ward, White and
Worthington,

Those who voted in the negative, are, Messrs. C. Allan. L. H.
Allen, Barbee, Blackburn, Bowman, Cowan, Davidson, Dawson,
Faulkner, Flournoy, Hickman, Miller, Morehead, Roper, Towles
and Wickliff. '

Resolved, That the said bill do pass, and that the title be, an act
-for the benefit of the heirs of Benjamin Beall and Janetta H. Beall,
late of the county of Campbell.”

Ordered, That Mr. Carneal inform the House of Representa¬
tives thereof, and request their concurrence.

;

THE SENATE.

The senate received a message from the House of Representa¬
tives announcing the passage of bills of the following titles, to wit:
An act to revive the law providing for the appointment of com¬
monwealth's attorneys, an act for the benefit of the heirs and rep¬
resentatives of Benjamin South, deceased; an act tor the benetn
of Frederick Snider; an act more effectually to suppress gaming
and a resolution fixing a day for the election of a treasurer and

" read and laid on the (able a resolution concern-

ing the election of Directors to the Bank of the Commonwealth

and its branches. , n A1 , r _„

Ordered. That Messrs. Lyon, Towles, Bowman, C. Allen, Car
neal, Marshall, Denny, Howard and M Afee, be added to Ae com¬
mittee raised to bring in the bill for fixing the ratio and appor¬
tioning the representation for the next four years.

And then the Senate adjourned.

WEDNESDAY, DECEMBER 10, 1823.

The Senate assembled.

Messrs. Williams and Barbee, from the joint committee of en¬
rolments, reported that the committee had examined sundry en¬
rolled bills and a resolution of the following titles, to wit: An
act to authorise Levin Luckett to complete the erection of a mill
on Hinkston, and for other purposes; an act to legalise the pro¬
ceedings of Simpson county court; an act tor the benefit ot An¬
drew Hemphill, of Jessamine county; an act for the benefit oi
Patsey Sproule; an act for the benefit of Joseph Ketchum; an act
for the benefit of John A. Stevenson and wife; a resolution for ap¬
pointing a joint committee to report the condition of the Lunatic
Hospital ; an act for the benefit of the late sheriff of Adair county;
an act for the benefit of Denese Fisheli; an act for the benefit oi
David and Robert Griffith, and an act to amend the act lor the
establishment of a State Road from Lexington to Ghent on the
Ohio river; and had found the same truly enrolled.

The Senate received a message from the House ol Representa¬
tives, announcing that their Speaker had signed said bills and re¬
solution. , • . ,

Whereupon the Speaker of the Senate signed the same, and

they were delivered to the joint committee of enrolments, to be

laid before the Governor; and after some time, Mr. Williams,
from said committee, reported that they had performed that duty.

Mr. Davidson presented the petition oi L. and S. 1. Logan,
praying that a law may be passed authorising the sale and convey¬
ance of a tract of land belonging to the heirs of David Logan, de-

150 JOURNAL OF

ceased; which was read, and referred to the committee for courts
of justice.

On the motion of Mr. Denny, leave was given to bring in a bill
-concerning the Louisville Hospital; and Messrs. Denny, Flournoy
and Ewing were appointed acommittee to prepare and bring it in.

The Senate received a message from the House of Representa¬
tives, announcing the passage of bills of the following titles, to
wit: An act for the benefit of Jacob Butler, and an act to author¬
ise the insertion of certain advertisements in “The News-Letter;”
and that they had disagreed to the amendment made by the Senate,
to a bill entitled “an act to provide for running the line between
the counties of Knox and Harlan.”

Mr. Davidson, from the joint committee appointed to examine
and report the state of the Treasurer’s office, made the following
report, to wit:

The joint committee of the Senate and House of Representa¬
tives, appointed to examine the Treasurer’s office, have performed
that duty. They have, with great care and labor, examined the
evidence and vouchers in support of each charge against the com¬
monwealth, and receipts in the period of the last twelve months,
commencing the 11th of October 1822, and ending the 10th of
October 1823, inclusive. They find all the charges supported by
legal vouchers, and the receipts correspond with the books of the
treasury. They compared the general account, as stated in the
Treasurer’s books, with his report made to the Legislature this
session, and find a perfect correspondence between the books and
said report. Your committee, therefore, deem it unnecessary to
make a detailed statement, as it would be but a repetition of the
Treasurer’s report.

Your committee are highly pleased with the manner in which
that office is kept, and the correct and neat manner in which the
business is done.

From the Senate ,

JAMES DAVIDSON,
CHITTENDEN LYON.

From the House of Representatives ,

RAPHAEL LANCASTER,
CHAs. B. ALEXANDER,
JOHN CHURCHILL,

Wm. WORTHINGTON.

Mr. Ewing, from the committee of propositions and grievances,
to whom was referred a bill to improve the navigation of the
Kentucky river, reported the same with an amendment, which
was concurred in.

Mr. Wickliff moved to lay the bill on the table until the first
day of June next; and the question being taken thereon, it was
resolved-in the negative—Yeas 14, nays 18.

THE SENATE.

151

; I

The yeas and nays being required thereon by Messrs. WicklifF
and Dawson, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barrett, Bowman, Cowan, Dawson, Flournoy, Forsythe,
Miller, Morehead, Owens, Rudd, Smith and Wickliff.

Those who voted in the negative, are, Messrs. Barbee, Beau¬
champ, Blackburn, Davidson, Denny, Ewing, Faulkner, Gorin,
Lyon, M’Afee, Marshall, Roper, Towles, J. Ward, T. Ward,
White, Williams and Worthington.

The bill was then read a third time as follows, to wit:

A Bill to improve the navigation of the Kentucky River.

The Legislature of Kentucky, being fully sensible of the advan¬
tages that would result to the good people of this commonwealth,
by improving the navigable streams in this State, and being anx¬
ious that it should be done, but doubting what would be the most
practicable mode of effecting an object so desirable, are willing, in
a small degree, to trust it to individual enterprize, to make some
improvement thereon; and Andrew Muldrow, of Woodford coun¬
ty, being anxious to make an experiment on some of the ripples in
the Kentucky river, at his own expence and risk, if he does not
materially benefit the navigation of said river, which fact shall be
adjudged of by commissioners appointed by the Legislature:
Therefore,

Be it enacted by the General Assembly of the Commonwealth of Ken¬
tucky, That Andrew Muldrow shall be, and he is hereby authorised
to work on the said river, at such ripples as he may select above
the town of Frankfort, and make such slopes and wings, so as to
collect the water in said river, as will, in his opinion, improve the
navigation thereof; and when he has completed the improvement
at one or more of the ripples, he shall call upon Samuel Lewis,
Benjamin Taylor, John Buford, Thomas B. Scott and Samuel M’-
Coun, who are hereby appointed inspectors to examine the work
done by him, whose duty it shall be, or a majority of them, to say
whether the navigation of the river at that place has been mate¬
rially improved; and who shall also examine the accounts of said
Muldrow, for money expended about said work; and if they shall
be of opinion that the navigation is materially benefitted, they
shall certify that fact, together with the amount of the money ex¬
pended, to the Governor for the time being, who, if he is satisfied
that the navigation has been improved by the Work, and the
charge is a reasonable one, shall certify the fact to the Auditor,
together with the amount allowed; for which sum the Auditor
shall issue his warrant to the Treasurer, which shall be paid out
ot any money in the treasury not otherwise appropriated: Provid¬
ed, however , That the amount expended by the said Muldrow shall
not exceed one thousand dollars.

152 JOURNAL OF

The question being taken on engrossing and reading the said
bill a third time, it was resolved in the negative Yeas 17, nays

17 .

The yeas and nays being required thereon by Messrs. Black¬
burn and Dawson, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Barbee, Beau¬
champ, Blackburn, Davidson, Denny, Ewing, Faulkner, Gorin,
Lyon, M’Afee, Marshall, Towles, J. Ward, T. Ward, White, Wil¬
liams and Worthington. „ ...

Those who voted in the negative, are, Messrs. L. H. Aden, bal-
linger, Barrett, Bowman, Carneal, Cowan, Dawson, Flournoy,
Forsythe, Hickman, Miller, Morehead, Owens, Roper, Rudd,
Smith and Wickliff.

And so the said bill was rejected.

The Senate received information, by the Secretary of Slate,
that the Governor did, on the 5th inst. approve and sign enrolled
resolutions, which originated in the Senate, of the following ti¬
tles, to wit: A resolution for appointing a committee to examine
the Transylvania University; a resolution fixing a day for electing
certain officers, and a resolution for appointing a joint committee
to examine the Louisville Hospital.

Ordered , That the Clerk inform the House of Representatives

thereof.

The following bills were reported, to wit:

By Mr. Beauchamp—A bill for the benefit of a school in Wash¬
ington county.

By Mr. T. Ward—A bill further to regulate the duties of
clerks.

By Mr. Owens—A bill to regulate the duties of certain officers.
Also, a bill for the benefit of Littlcberry Batchelor.

And by Mr. Ewing—A bill for the benefit of Elijah Veach and

William Durrington. , , ,

Which were read the first time, and ordered to be read a second

Mr. Roper, from the committee for courts of justice, made the
following reports, to wit:

The committee for courts of justice have, according to order,
had under consideration the petition of Edward Mobberly and
others, praying that a law may be passed authorising the sale and
conveyance of a small tract of land in Garrard county, and have
come to the following resolution thereupon, to wit:

Resolved, That said petition be rejected.

They have also had under consideration the motion for leave to
bring in a bill for the benefit of Archelaus Perrin, and have come

to the following resolution thereupon, to wit:

Resolved , That leave ought not to be granted to bring in said

bill.

THE SENATE.

153

The committee for courts of justice have, according to order,
had under consideration, the petition of Thomas P. Salterwi ite,
praying that a law may be passed subjecting a certain lotof ground
in Lexington, belonging to the heirs of Charles Hinch, to the
payment of a debt due from the latter to the father of the petition¬
er, and have come to the following resolution thereupon, to wit:

Resolved, That the said petition is reasonable.

Which were twice read and concurred in.

Ordered, That said committee prepare and bring in a bill pursu¬
ant to the latter resolution.

Mr. Marshall read and laid on the table the following resolution,
to wit:

Resolved by the General Assembly of the Commonwealth of Kentucky ,
That the President of the Bank of Kentucky be, and he is hereby
required, forthwith to communicate to the Legislature, whether,
in any case, and if in any, what cases, and to what amount, and un¬
der what circumstances, the notes of individuals, due to the insti¬
tution over which he presides, and payable either at the mother
bank or at any branch of said bank, have been transferred to cred¬
itors of said bank; and also, report the names of the individuals
whose notes have been thus transferred, and of the creditors to
whom transferred.

The rule being dispensed with, it was taken up, twice read and
concurred in.

Ordered, That Mr. Ewing inform the House of Representatives
thereof, and request their concurrence.

'1 he Senate received a message from the House of Representa¬
tives, announcing that they had received official information that
the Governor did, on the 5th instant, approve and sign enrolled
hills, which originated in that House, of the following titles, to wit:
An act for the benefit of William Scott; an act to amend an act
entitled “an act for the benefit of the wife and children of Benja¬
min Herndon;” an act for incorporating the Hartford Bridge
Company; an act to legalize the proceedings of the circuit and
county courts of Morgan county; an act for the benefit of Angus
M'Phail; an act for the benefit of William and Manley Camron;
an act allowing additional constables to the counties of Washing¬
ton and Casey; an act to declare the Wolf-Lick fork of Muddy
river navigable, and an act to amend an act entitled “an act for
the benefit of Polly Simpson and her children.”

The following resolution from the House of Representatives
was taken up, to wit:

Resolved, (the Senate concurring.) That the election of Treasurer
and other officers be deferred until the lSUh inst.

Whereupon Mr. Ewing moved the following resolution in lieu
thereof, to wit:

' IT

164 JOURNAL OF

Resolved by the General Assembly of the Commonwealth of Kentucky,
That the resolution fixing on the 10th inst. for the election of a,
Treasurer, Public Printers, Presidents and Directors of the Bank
of the Commonwealth and its branches, and a President ana Di¬
rectors of the Bank of Kentucky, he rescinded; and that they will,
on the 18th inst. proceed to the election of said officers.

Which was adopted.

Ordered, That Mr. Ewing inform the House of Representa¬
tives thereof, and request their concurrence.

Mr. Flournoy, from the select committee to whom was referred
a hill from the House of Representatives, entitled “an act to
amend the several laws now in force concerning the town of Mays-
ville, county of Mason,” reported the same without amendment,
and it was read a third time.

Resolved, That the said hill do pass, and that Mr. Ewing inform
the House of Representatives thereof.

A bill from the House of Representatives, entitled “ an act to
establish the county of Oldham,” was taken up.

And then the Senate adjourned.

THURSDAY, DECEMBER 11, 1823.

The Senate assembled.

Mr. Marshall presented the petition of John Shields, praying
that a law may be passed relinquishing the Commonwealth’s right
to a certain tract of land lying in Franklin county, on Benson.

Mr. Faulkner presented the petition of sundry citizens of Mer¬
cer and Garrard counties, praying that a law may be passed de¬
claring a part of Dick’s river navigable.

Which were read and referred, the former to the committee of
propositions and grievances, and the latter to Messrs, t aulkner,
Davidson and M’Afee.

Mr. Ewing, front the committee of propositions and grievances,
made the following report, to wit:

The committee of propositions and grievances have, according
to order, had under consideration the petition of sundry citizens
of Bourbon county, praying to be added to the county of Mont¬
gomery, and have come to the following resolution thereupon, to
wit:

Resolved, That said petition is reasonable.

Which was twice read and concurred in.

Ordered, That said committee prepare and bring in a bill pur¬
suant to said resolution.

Mr. Ewing also reported a bill from the House of Representa¬
tives, entitled “ an act for adding a part of Fleming to Nicholas,”
without amendment, which was read a third time.

THE SENATE. 155

Resolved, That the said bills do pass, and that Mr. Rudd inform
the House of Representatives'thereof.

Mr. T. Ward, from the joint committee appointed to exami: e
the Auditor’s office, made the following report, to wit:

The joint committee of the Senate and House of Representa¬
tives, appointed to examine the Auditor’s office, have performed
that service. They have, with great care and labor, examined
all the evidence and vouchers in support of each charge against
the State, in the year ending the 10th day of October 1823; and
the committee having been arranged into sub-committees, each
sub-committee had their duties assigned them; and from the re¬
ports made by the sub-committees, we are all cheerful to stale,
that every charge and voucher was found to perfectly correspono,
throughout the whole examination in the manner here set forth.
They also find that the receipts correspond with the books of the
treasury. They compared the general account, as stated in the
Auditor’s books, with his report made to the Legislature on the
third day of the present session, and they find a perfect correspon¬
dence between the books and said report. They, therefore, deem
it unnecessary to accompany this report with a detailed statement
of the particular items and charges, as it would be but a repetition
of the Auditor’s report.

Your committee think it due to that department, to state, that
the whole business has been done with great accuracy, neatness,
and in an excellent manner.

From the Senate,

THOMSON WARD,
THOMAS TOWLES,
JOHN L. HICKMAN.

From the House of Representatives,

JOHN EMERSON,
WILLIAM MITCHELL,
LEONARD If. LYNE,
SILAS WOODWARD,

N. O. HADEN,

JOHN S. LAUGHLIN.

Ordered, That the select committee to whom was referred the
nomination of John H. Miller, as colonel ol the 1st regiment, be
discharged from the further consideration thereof, and that the
same lie on the table.

Ordered, That the committee of the whole house on the state of
the commonwealth be discharged from the further consideration
of a bill appropriating the vacant lands lying east of the Tennessee
river and between the Tennessee line and 36 degrees 30 mu utes
north; and it was ordered to be engrossed and read a third.time.

Ordered, That Mr. Howard be excused from serving on the com¬
mittee raised for the purpose of fixing the ratio and apportioning

1A6 JOURNAL OF

the representation for the ensuing four years, and that Mr. Ballin¬
ger be added tiiereto.

The following bills were reported, to wit:

By Mr. Dennv—A bill concerning the Louisville Hospital.

By Mr. Miller—A bill for the benefit of Robert C. Slaughter.

And by Mr. Ewing—A bill to add a part of Bourbon to Mont¬
gomery county.

Which were severally read the first time, and ordered to be read
a second time; and the rule beiug dispensed with, the first and
second were read a second time, and the third a third time, (hav¬
ing been engrossed.)

Resolved, That the third bill do pass, and that the title he, “ an
act to add a part of Bourbon to Montgomery county.”

Ordered , That Mr. Williams inform the House of Representa¬
tives thereof, and request their concurrence.

Ordered , That the public printers forthwith print 150 copies of
the first bill, for the use of the Legislature.

An engrossed bill to amend the law concerning roads, was taken
up, and the question being taken on the passage thereof, it was
resolved in the negative, and so the said bill was rejected.

A bill from the House of Representatives, entitled “an act to
establish the county of Oldham,” was read a third time; and the
question being taken on the passage thereof, it was x - esolved in the
affirmative—Yeas 30, nays 4.

The yeas and nays being required thereon by Messrs Denny
and Roper, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, C. H.
Allen, Ballinger, Barbee, Barrett, Beauchamp, Blackburn, Bow¬
man, Garneal, Cowan, Davidson, Dawson, Ewing, Faulkner,
Flournoy, Forsythe, Gorin, Lyon, M’Afee, Miller, Morehead, Ro¬
per. Rudd, Smith, Towles, J. Ward, T. Ward, Wickliff, Williams
and Worthington.

Those who voted in the negative, are, Messrs. Denny, Hickman,
Owens and White.

Resolved , That the said hill do pass, and that Mr. C. FI. Allen in¬
form the Flouse of Representatives thereof.

A bill from the House of Representatives, entitled “an act for
the benefit of Joseph and Thomas Rotch, of Massachusetts,” was
taken up, and committed to Messrs. Flournoy, Beauchamp, Wick-
litf, Gorin and Hickman.

And then the Senate adjourned.

the senate.

15 /

FRIDAY, DECEMBER 12, 1823.

The Senate assembled.

Me. Gorin presented the petition of Robinson P. Beauchamp,
praying that a law may be passed directing the Bank of the Com¬
monwealth to credit the B mk of Kentucky for the sum of §9,935
of her paper, and pay to him ,$900, which sums of money have
been destroyed by casualty.

Mr. Carneal presented the petition of Chasteen Scott, guardian
of Cordelia and Martha Bird whistle, praying that a law may be
passed authorising the sale of a slave belonging to his wards.

Mr. T. Ward presented the petition of James and Robert Chil¬
ders, infants, praying that a law may be passed authorising the
sale anti conveyance of a small tract of land belonging to them.

W hich were severally read and referred, the former to the com¬
mittee of propositions and grievances, and the two latter to the
committee for courts of justice.

Mr. Barbee, from the joint committee of enrolments, reported
that the committee had examined sundry enrolled bills of the fol¬
lowing titles, to wit: An act to amend the several laws now in
force concerning the town of Maysville, county of Mason; an act
to establish the "county of Oldham, and an act to add part ol the
county of Fleming to the county of Nicholas; and had found the
same truly enrolled.

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills.

The following bills were reported, to wit:

By Mr. Owens—A bill to alter the time of holding certain cir¬
cuit courts.

B y Mr. T. Ward—A bill to reduce the number of Directors in
the Bank of Kentucky.

And by Mr. Denny—A bill making provision for finishing the
Louisville Hospital.

Which were severally read the first time; and the rule being-
dispensed with, they were read a second time, and the first a third
time, (having been engrossed.)

Resolved , That the said bill do pass, and that the title be, “an
act to alter the time of holding certain circuit courts.”

Ordered, That Mr. Owens inform the House of Representatives
thereof, and request their concurrence.

The second bill was committed to Messrs. Marshall, Carneal,
Morehead and T. Ward, and the third was laid on the table.

Mr. M’Afee, from the joint committee to whom was referred
the report of the committee appointed to visit the Asylum for the
education of the Deaf and Dumb, made a report; which was
twice read and laid on the table.

JOURNAL OF

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Williams—A bill to raise a revenue from
clerks’ offices, and for other purposes.

And on the motion of Mr. M’Afee—A bill to repeal so much of
all laws as allows a two years’ replevin on original contracts and
causes of action, from and after the first day of J une next.

Messrs. Williams, Bowman and C. Allan were appointed a com¬
mittee to prepare and bring in the former, and Messrs. M’Afee,
Roper and Worthington the latter.

The Senate received a message from the House of Representa¬
tives, announcing the passage of a bill from the Senate, entitled “an
act for the benefit of the heirs of Benjamin Beall and Janetta H.
Beall, late of the county of Campbelland that they had passed
bills of the following titles, to wit: An act for the benefit of James
Kirkham’s heirs; an act for the benefit of Frederick Ridgely, and
for other purposes, and an act to amend an act to establish a semi¬
nary of learning in the county of Hart; and had adopted a reso¬
lution in relation to the Penitentiary.

Mr. Wickliff, from the select committee to whom was referred
a bill giving clerks further time to execute their office bonds, re¬
ported the same with an amendment, which, together with the
bill, was laid on the table.

The resolution fixing on the 15th inst. for an adjournment of
the Legislature, was taken up and amended, by striking out the
“ 15th,” and laid on the table.

A bill to revive and continue in force part of the act concerning
the Bank of Kentucky and (he Bank of the Commonwealth of Ken¬
tucky, approved December 5th, 1822, together with the proposed
amendments, was taken up. The said bill was read as follows, to

§ 1. Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the President and Directors of the-Common¬
wealth’s Bank, shall, on the first Monday in January, April and
October, in the year 1824, cause to be made out duplicate lists
of all the money received by the mother Bank at Frankfort, for
calls and voluntary payments; one of which lists shall be retained
in Bank, and the other filed with the Auditor.

§ 2. Beit further enacted, That it shall be the duty of the Pres¬
ident and Directors of the several branches of the Bank of the
Commonwealth of Kentucky, to cause to be made out, (on the first
Monday of January, April ‘and October, in the year 1 824,) an es¬
timate of all the money which shall have been received for calls
and for voluntary payments; which amount they shall, within fif¬
teen days after the first Monday in January, April and October,
remit in notes of the largest denomination then on hand, to the
Cashier of the mother Bank in Frankfort. The presidents of said
several branches, shall cause to be made out duplicate lists of the

THE SENATE. 153

notes thus remitted, shewing their number and amount one of
which lists shall accompany the notes thus remitted, and the ooier

be retained in the Branch . ,,, „ , ,

5 3 Beil further enacted, That the President of the Bank of the
Commonwealth shall, on the first Monday of February, the first
Monday in June, and the first Monday in November, in the year
1824, in the presenceof the Directory, andofihe Auditor oi pub¬
lic accounts and Treasurer, proceed to cancel, by burning, all the
paper of said bank, which shall have been received from time to
time as aforesaid: Provided, however, 1 hat there shall not be a
greater sum of the paper of said bank cancelled by burning, than
five hundred thousand dollars, prior to the first day of December,

in the year 1024. e

6 4. Beil further enacted, That from and after the passaged
this act, it shall not be lawful for the officers of the Common¬
wealth’s Bank, or any of its branches, to emit any more paper by
way of'loan, except to a new Director, under the provisions of the

original charter. * . .

Mr. Blackburn moved to amend the third section thereof, to

read as follows, to wit:

§ 3. The President of the Bank of the Commonwealth shall,
on the first Monday of February, the first Monday in June, and the
first Monday in November, in the year 1824, in the presence of
t the Directory, the Auditor of Public Accounts and 1 rcasurer,

* write or cause to be written on each note, “ Withdrawn, this
! day of -- 1824,” (filling up the blanks,) and cause to be made

out two lists showing the amount of paper so withdrawn, one of

which lists shall remain in the bank, and the other, together with
the notes withdrawn, he shall deliver to the Treasurer of this
ij State, and take his receipt therefor, who shall safely keep the notes,
jj and lay the list so received by him before the next Legislature,
[within the first ten days of their session.

And the question being taken thereon, it was resolved in the
^negative—Yeas 11, nays 18.

The yeas and nays being required thereon by Messrs. Williams
and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are Messrs. Barbee, Black¬
burn, Dawson, Flournoy, Forsythe, Hickman, M’Afee, Smith,
White, Williams and Worthington.

Those who voted in the negative, are, Messrs. C. Allan, Ballin-
\ gcr, Beauchamp, Bowman, Cowan, Davidson, Duncan, Ewing,
Faulkner, Gorin, Lyon, Marshall, Miller, Morchead, Owens,
Towles, J. Ward and T. Ward.

Mr. Marshall then moved the following amendment in lieu of
the bill, to wit:

Be it enacted by the General Assembly of the Commonwealth of Ken-
mtucky, That the President and Directors of the Bank of the Com-

160

ioURJNAL OF

monwealth of Kentucky arc hereby authorised to discount well
secured business paper, due upon real transactions, which has not
more than ninety days to run before maturity. The discounts
hereby authorised to be made, shall be apportioned among the
counties of each bank district, according to the terms of the ori¬
ginal charter, and no discount greater than $ shall be

granted to any individual or co-partnership: Provided, however,
that it shall be the duty of the said President and Directors to make
no discount upon such business paper, which may prevent the
withdrawal from circulation and consumption by burning, of at
least one per cent, per month, upon the whole sum originally issu¬
ed by said bank and branches: And provided, that it is hereby
made the duty of the President and Directors of the principal
bank, under the provisions of the act entitled “ an act concerning
the Bank ot Kentucky and the Bank of the Commonwealth of
Kentucky,” approved December 5th, 1 822, to withdraw from
circulation and consume by burning, one per cent per month of the
notes of said bank and branches, upon the whole amount of the ori¬
ginal sum issued by said institution, at the times; and in the man¬
ner stipulated by the before recited act, until the sum in circula¬
tion be reduced to §1,500,000.

And the question being taken thereon, it was resolved in the
negative—Yeas 16, nays 18.

The yeas and nays being required thereon by Messrs. Black¬
burn and Davidson, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Ballinger,
Beauchamp, Dawson, Duncan, Ewing, Forsythe, Gorin, Lyon,
M’Afee, Marshall, Miller, Morehead, Owens, Rudd, Smith and T.
Ward.

Those who voted in the negative, are, Messrs. C. Allan, Barbee,
Barrett, Blackburn, Bowman, Carneal, Cowan, Davidson, Faulk¬
ner, Flournoy, Hickman, Roper, Towles, J. Ward, White, Wick-
liff, Williams and Worthington.

Mr. Marshall then moved an amendment in lieu of the bill,
which was adopted.

Mr. Blackburn moved further to amend the bill, by adding
thereto the following section, to wit:

Be it f urther enacted, That from and after the passage of this act,
it shall not be lawful for the officers of the Commonwealth’s Bank
or any of its branches, to emit any more paper by way of loan, ex¬
cept the Literary Fund or to a new Director, under the provisions
of the original charter.

And the question being taken thereon, it was resolved in the
negative—Yeas 10, nays 25.

The yeas and nays being required thereon by Messrs. Blackburn
and Carneal, were as follows, to wit:

THE SENATE. 181

Those who voted in the affirmative, are, Messrs. Ballinger,
Blackburn, Faulkner, Hickman, Owens, Roper, Rudd, White,

Williams and Worthington. BnpW

Those who voted in the negative, are, Messrs. G. Allan, Barbee,

„ n_—1 r'.^%xrr>r\ Dcivirlcnn )aff*

Ward and Wickliff. . ,

The bill was then further amended, and ordered to be engrossed

and read a third time. ...

Tiie Senate received, by the Secretary of State, a written mes¬
sage from the Governor, requesting leave to withdraw the nomina¬
tion of John H. Miller as colonel of the first regiment.

. And then the Senate adjourned.

SATURDAY, DECEMBER 13, 1823.

The Senate assembled.

Mr. Smith presented the petition of the heirs of John Snell,
deceased, praying that a law may be passed authorising the sale
of a tract of land, agreeably to the conditions of a deed ot trust ex¬
ecuted to two of the heirs.

Mr. Dawson presented the petition of Betsey J ustice, praying a
divorce from her husband, Frederick Justice. Also, the petition
of Willis Mitchell, administrator of Wyatt Mitchell, deceased,
praying that a law may be passed authorising a sale and convey¬
ance of a tract of land, for the payment of his debts.

Which were read and referred, the first and third to the com¬
mittee for courts of justice, and the second to the committee of re-

lls Mr." Flournoy, frqin the select committee to whom was referred
a bill from the House of Representatives, entitled “ an act for the
benefit of Joseph and Thomas Rotch,” made the following report,

The select committee to whom was referred a bill from the
House of Representatives, entitled “an act for the benefit of Jo¬
seph and Thomas Rotch, of Massachusetts,” having caused to come
before them several witnesses, and having examined the whole
vouchers and papers connected with tnis transaction, icpoit as
follows:

That the contract was entered into by William Starling, Keeper
of the Penitentiary, without the acting Governor's approbation;
that on application to him, he refused his consent to the contiact,
and would not agree to sanction the measure or- make any order
for its ratification; that John H. Hanna made sale to the Keeper,
as a ]oint and equal partner of the Messrs. Rotches, and not a?

JOURNAL OF

162

agent; and that he sold to Starling upon the responsibility of the
Penitentiary. A our committee, therefore, do not see any legal
obligation upon the State of Kentucky to pay and satisfy the claim
of Messrs. Rotches.

But they further state and report, that there is clear proof of a
balance of 5:9,000 being due to Joseph and Thomas Rotch upon
the contract aforesaid; that it was made and entered into when
dollars were considered specie, and that it has been due from the
first of September 1818; that the iron was all delivered at the
Penitentiary, and all manufactured into nails. They do not con¬
sider it certain, that the report of §'35,623. 36. worth of nails, as
made out by the Auditor, to have been accounted for in the years
1818 and 19, was made out of the iron in question; but, on the
contrary, a part certainly was not, as some are reported to have
been made before the iron, or any part of it, was received at'thc
Penitentiary, and a considerable portion was of wrought nails.
Besides, it appears that §'20,000 and upwards was laid out and ex¬
pended for iron, the year before, up to the month of October in
that year, of which but little remained in iron; but what amount
in nails, was not ascertainable.

Your committee consider the contract to have been wholly un¬
authorised, and in direct violation of the law of the land; but as
the property has been received and converted to the use of the
State, they offer no opinion as to the moral obligation, or how far
the Legislature are in conscience bound to pass a law for the pay¬
ment of a debt thus created, where both parties knew, or might
have known, that it was done contrary to the law of the land and
the rules then recently prescribed by the act of the Legislature,
governing this very principle and other affairs of the Penitentiary.

M. FLOURNOY, Chairman.'
JOHN GORIN,

JEROBOAM BEAUCHAMP,
JOHN L. HICKMAN,
MARTIN H. WICKLIFF.

The amendment to the bill, reported by the committee for
courts of justice, was then concurred id with an amendment, and
the bill read a third time; and the question being taken on the
passage thereof, it was resolved in the affirmative—Yeas 25, nays

10 .

The yeas and nays being required thereon by Messrs. Faulkner
and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, arc, Messrs. C. Allan, C. PI.
Allen, Barbee, Barrett, Blackburn, Cowan, Davidson, Denny,
Duncan, Ewing, Forsythe, Hickman, Lyon, M’Afee, Marshall,
Owens, Roper, Rudd, Smith, Towles, J. Ward, T. Ward, White,
Wickliff and Williams.

THE SENATE.

I o3

Those wlio voted in the negative* are, Messrs. Ballinger, Beau¬
champ, Bowman, Dawson, Faulkner, Flournoy, Gorin, Miller,

Morehead and Worthington. ■

Resolved, 1 hat the said bill, as amended, do pass, and that air.
T. Ward inform the House of Representatives thereof.

Mr. White, from the select committee to whom were referred,
certain military nominations, made the following report, to wit.

The select committee to whom were referred the nominations ol
Enoch Stout and James Mansfield, have had the same under con¬
sideration, and beg leave to submit the following report:

We. are authorised to say. that Stout has resigned.. In the case
of Mansfield, from the evidence before us, we believe his nomina¬
tion ought to be confirmed. All of which is respectfully submit¬
ted.

Which was concurred in.

The message of the Governor, received on yesterday, was taken
up and read as follows, to wit:

Gentlemen of the Senate, .

The nomination of John H. Miller colonel of the first regiment,,
was made on the supposition that he was in commission under the
pro tern, appointment, no report or information having been i ecei\-
ed in relation to him. It has since appeared that he was not in
office. 1 , therefore, request permission to withdraw the nomina¬
tion.

Respectfully, yours, &c.

1 JOHN ADAIR.

December 12th, 1823.

Resolved, That leave be given to withdraw said nomination.

Ordered, That Messrs. Davidson and Ewing inform the Gover¬
nor thereof. „ , . ,

Mr. Williams, from the joint committee of enrolments, reported
that the committee had examined an enrolled bill entitled -an
act for the benefit of the heirs of Benjamin Beall and Janetta 11.
Beall, late of the comity of Campbell,” and had found the same
truly enrolled.

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bill.

The Speaker of the Senate then signed said bill and those re¬
ported on yesterday, and they were delivered to the joint com¬
mittee, to be laid before the Governor; and after some time, Mi.
Williams reported that they had performed that duty.

The Senate received information, by the Secretary of State,
that the Governor did, on the 11th inst. approve and sign enrolled
bills and a resolution, which originated in the Senate, of the to -
lowing titles, to wit: An act for tiie benefit of Joseph Ketclnim;
an act for the benefit of John A. Stevenson and wife, and a resolu-

164 JOURNAL OF

tion for appointing a joint committee to report the condition of the
Lunatic Hospital.

Ordered, That Mr. Ewing inform the House of Representatives
thereof.

The Senate received a message from the House of Representa¬
tives, announcing the adoption of resolutions in relation to the
Asylum for the tuition of the Deaf and Dumb, and resolutions re¬
questing the attention of the general government to the subject of
slaves belonging to the citizens of (he United States, who may have
escaped into Canada; and the passage of bills of the following ti¬
tles, (o wit: An act establishing election precincts in the counties
of Fayette, Harrison and Lawrence, and for other purposes, and
an act supplemental to the act establishing the county of Oldham;
and that they had disagreed to the amendment made by the
Senate, to a bill entitled “ an act for the benefit of Joseph and
Thomas Rotch, of Massachusetts.”

The amendment to the latter bill was taken up and again read.
Resolved , That the Senate recede from said amendment, and
that Mr. Ewing inform the House of Representatives thereof.

Mr. M’Afee, from (he select committee appointed for that pur¬
pose, reported a bill to repeal all laws allowing a replevin of two
years on contracts entered into after the first day of June next;
which was read the first time, and ordered to be read a second
time.

The Senate received, by the Secretary of State, a written mes¬
sage from the Governor, containing certain military nomina¬
tions.

The report made on yesterday, by Mr. M’Afee, concerning the
Asylum for the tuition of the Deaf and Dumb, was taken up and
read as follows, to wit:

Resolved, That a respectful memorial from the Legislature, be
transmitted to the Congress of the United States, on behalf of the
Kentucky Institution for the tuition of the Deaf and Dumb, solicit¬
ing their attention to the petition of the trustees of said iflstitution
for the aid of the national Legislature.

Resolved , That (he sum now allowed by law out of the Literary
Fund, for the support of indigent pupils in said institution, ought
to be increased to the sum of §'150.

Resolved , That to enable the trustees to procure a site and erect
buildings suitable for the institution, a portion of the interest of
the Literary Fund now on loan in the Bank of the Commonwealth,
be appropriated, not exceeding dollars.

Ordered, That the chairman prepare and report a memorial
and bill pursuant to the foregoing resolutions.

Mr. Beauchamp moved the following resolution, in lieu of the
third resolution, to wit:

THE SENATE.

165

Resolved, That $ 15,000 of the Commonwealth’s notes, which are
proposed to be burnt, be paid by the Bank of the Commonwealth
to the said Asylum, in three annual instalments.

And the question being taken thereon, it was resolved in the
negative—Yeas 7, nays 27.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Carneal, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Beauchamp, Duncan, Ewing, Forsythe, Owens and W ickliff.

Those who voted in the negative, are, Messrs. C. Allan, Ballin¬
ger, Barbee, Banett, Bowman, Carneal, Davidson, Dawson, Den¬
ny, Faulkner, Flournoy, Gorin, Hickman, Lyon, M Afee, Marshall,
Miller, Morehead, Roper, Rudd, Smith, Towles, J. Ward, T.
'{Ward, White, Williams and Worthington.

Mr. Barbee then moved to fill the blank in the third resolution
with the sum of ,§4,500; and the question being taken thereon, it
was resolved in the negative—Yeas 13, nays 21.

The yeas and nays being required thereon by Messrs. Dawson
ard Gorin, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Ballinger, Bar¬
bee, Beauchamp, Davidson, Denny, Ewing, M’Afee, Marshall,
Owens, Roper, Towles, J. Ward and T. Ward.

Those who voted in the negative, are, Messrs. C. Allan, C. H.
Allen, Barrett, Bowman, Carneal, Dawson, Duncan, Faulkner,
Flournoy, Forsythe, Gorin, Hickman, Lyon, Miller, Morehead,
Rudd, Smith, White, WicklitF, Williams and Worthington.

Mr. Flournoy then moved to fill said blank with the sum of
§3,000; and the question being taken thereon, it was resolved in
the affirmative—Yeas 20, nays 14.

The yeas and nays being required thereon by Messrs. WickliiT
and Dawson, were as follows, to wit:

Those who voted in the atlirmative, are, Messrs. Ballinger, Bar¬
bee. Barrett, Beauchamp, Davidson, Denny, Ewing, Flournoy,
Forsythe, Gorin, Lyon, M’Afee, Marshall, Owens, Roper, Towles,
J. Ward, T. W ard, White and Worthington.

Those who voted in the negative, are, Messrs. C. Allan, C. H.
Allen, Bowman, Carneal, Dawson, Duncan, Faulkner, Hickman,
Miller, Morehead, Rudd, Smith, Wickliff and Williams.

The resolutions were then concurred in. .

. At 45 minutes past one o’clock P. M. it was moved and seconded
that the Senate should adjourn; and the question being taken
thereon, it was resolved in the affirmative—Yeas 20, nays I 3.

The yeas and nays being required thereon by Messrs. Dennv
and Marshall, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Carneal, Duncan, For-

JOURNAL OF

sythe, Gorin, M’Afee, Marshall, Miller, Owens, Roper, Rudd,
Towles, J. Ward, T. Ward, White and Wickliff.

Those who voted in the negative, are, Messrs. C. Allan, Bow-
m;l 'b Davidson, Dawson, Denny, Ewing, Faulkner, Hickman, Ly¬
on, Morehead, Smith, Williams and Wortliington.

T. he Speaker then declared the Senate adjourned accordingly.

MONDAY, DECEMBER 15, 1823.

The Senate assembled.

The Lieutenant-Governor being absent, Mr. Blackburn was
elected Speaker for the occasion.

Mr. Forsythe presented the petition of the administrators of
William Littell, deceased, praying that a law may be passed au¬
thorising the sale of a portion of the real estate of the deceased,
for the payment of his debts.

Mr. Carneal presented the petition of Thomas Clarke and oth¬
ers, praying that a law may be passed authorising the sale of cer¬
tain slaves.

Which were read and referred to the committee for courts of
justice.

The following bills were reported, to wit:

By Mr. Wickliff—1. A bill laying off the State into electoral
districts.

By Mr. M'Afee—2. A bill to increase the allowance to indigent
pupils in the Asylum for the education of the Deaf and Dumb.

By Mr. Williams— 3. A bill to raise a revenue from clerks’ of¬
fices, and for other purposes.

By Mr. Smith—4. A bill for the divorce of Betsey Justice.

By Mr. Faulkner—5. A bill to declare Dick’s river navigable.

And by Mr. Davidson—6. A bill to repeal the act allowing post¬
age to the Adjutant-General, and increasing his salary.

Which were read the first time, and ordered to be read a second
time; and the rule being dispensed with, the fourth and fifth bills
were read a second and third times, (having been engrossed.)

Resolved ,, That the said bills do pass, and that the titles be, res¬
pectively, “ an act for the relief of Betsey Justice,” and “ an act
declaring Dick’s river navigable.”

Ordered , That Mr. Dawson inform the Blouse of Representa¬
tives thereof, and request their concurrence.

The question being taken on reading the third bill a second
time, it was resolved in the affirmative—Yeas 18, nays 15.

The yeas and nays being required thereon by Messrs. Williams
and C. Allan, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, C. PI.
Allen, Barbee, Blackburn, Carneal, Ewing, Faulkner, Flournoy,

THE SENATE-

167

§. Forsythe, Hickman, Lyon, Miller, Roper, Smith, Towles, J.
Ward, White and Williams.

Those who voted in the negative, are, Messrs. Ballinger, Beau¬
champ, Bowman, Cowan, Davidson, Dawson, Denny, Duncan,
Gorin, M’Afec, Murehead, Rudd, T. Ward, Wickliffand Worth¬
ington.

The question'being taken on engrossing and reading the first
bill a third time, it was resolved in the affirmative—Yeas 22, nays

fhe yeas and nays being required thereon by Messrs. T. Ward
jjjwid Wicklifl, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, C. H.
Allen, Ballinger, Barbee, Blackburn, Davidson, Dawson, Denny,
■Vi Ewing, Faulkner, Flournoy, Gorin. Hickman, M’Afee, Morehead,
Roper, Smith, Towles, J. Ward, White, Wickliffand Williams.

Those who voted in the negative, are, Messrs. Beauchamp,
■j powman, Carneal, Cowan, Duncan, Forsythe, Lyon, Miller,
Owens, Rudd, T. Ward arid Worthington.

Mr. Smith, from the committee of religion, made the following
report, to wit:

The committee of religion have, according to order, had under
consideration a petition to them referred, and have come to the
following resolution thereupon, to wit:

Resolved , That the petition of Tempo Stringer, praying that she
, maj be divorced from her husband, Jesse Stringer, be rejected.

W hich was twice read and concurred in.

On the motion of Mr. Gorin, leave was given to bring in a bill
to amend the law for the collection of certain officers’ fees; and
l Messrs. Gorin, M Afee and Carneal wex-e appointed a committee
to prepare and bring it in.

Mr. Williams, from the joint committee of enrolments, reported
that they had examined an enrolled bill entitled “ an act for the
benefit of Joseph and Thomas Rotch, of Massachusetts,” and had
lound the same truly enrolled.

The Senate received a message from the House of Representa¬
tives announcing that their Speaker had signed said bill.

; . hereupon the Speaker of the Senate signed the same, and
i was dehvered to the joint committee of enrolments, to be
laid before the Governor; and after some time, Mr. William*
Irpm said committee, reported that they had performed that duty!

A bill making provision for finishing the Louisville Hospital

De^'a

The amendment made by the Senate to a bill entitled “ an act

SSI 1 ?.'j" ZT' e " ,C ,'™ bet,, ““ ,hc ofKnoi and

nartan, was taken up and again read.

j6 8 JOURNAL OF

Resolved , That the Senate recede from said amendment; and
that Mr. Davidson inform the House of Representatives thereof.

A till giving clerks further time to execute their office bonds,
together with the amendments reported by the select committee,
was taken up and committed to Messrs. !'• Ward, Flournoy and
Wickliff.

A bill from the House of Representatives, entitled “ an act pro¬
viding for a change of venue in the case of Elijah Walton,’ 'tas
read a second time; and th# rule being dispensed with, it was read
a third time.

Resolved , That the said bill do pass, and that Mr. Ewing inform
the House of Representatives thereof.

A bill for the benetit of Charles Brandon and Leonard Kaler,
was read a second time. The rule being dispensed with, and the
bill having been engrossed, it was read a third lime as follows, to||
wit:

Whereas it is represented to this General Assembly, that
Charles Brandon, of Calloway county, has built a water grist-mill
on bloody river, and Leonard Kaler has built a water grist-mill on
the waters of Clark’s river, in said county, on the lands of this
Commonwealth; which mills are of much public utility, and in ol¬
der to secure to them the benefit of their labor,

& 1. Be it enacted by the General Assembly of the Commonwealth
of Kentucky , That Charles Brandon shall be entitled to the pre¬
emption ot one quarter section of land on Bloody river, in the
county aforesaid, on which he has built said mill; and on his mak
ing satisfactory proof to the register of the land-office, of the num
her of the section, township and range, and the quarter section on
which he has built said mill, and producing to the register afore¬
said the auditor’s quietus for the full amount of the minimum
price of land west of Tennessee river, within six months from the
passage of this act, the register of the land-office is hereby cliiec■
ed to issue a patent to the said Brandon for said quarter section, aJ
in other cases.

§ 2. Be it further enacted. That Leonard Kaler shall be entitled
to the pre-emption right to the north-west quarter of section live,
in township three north, and range three east of the meridian, in
the county aforesaid, on which he has built said mill; and it shall
be the duty of the register of the land-office to issue a patent
therefor, to said Kaler, on his complying with the requisitions oly.
the first section’of this act, within the time prescribed thereby,
and the same shall not be sold as in other cases: Provided , nothing
in this act shall operate in any manner to the prejudice of any
military entry, survey or location heretofore made on said quartei
sections, nor any part thereof, and that the quarter sections of
Jand herein authorised to be granted, shall not interfere with, o
iqclude any other actual settler upon such quarter sections.

THE SENATE,

169

and "jit The question being taken on (he passage thereof, it was resolv-
°f. ; ed in the negative—Yeas 13, nays 20.

ids, j |, e yeas and nays being required thereon by Messrs. Lyon

tee, and Bowman, were as follows, to wit:

and Those who voted in the aflirmative, are, Messrs. Beauchamp,

Bowman, Dawson, Denny, Duncan, Ewing, Forsythe, Lyon, JVP-
pro- %4fce, Owens, T. Ward, White and Worthington.

Was U Those who voted in the negative, are, Messrs. C. Allan, C. Id.
ead Allen, Ballinger, Barbee. Blackburn, Carneal, Cowan, Davidson,
Faulkner, Flournoy, Gorin, Hickman, Miller, Morehead, Rudd,
arm fflSmith, Towles, J. Ward, Wickliff and Williams.

And so the said bill was rejected.

iler, ji Engrossed bills, to wit: A bill to appropriate the vacant lands
the lying east of the Tennessee river and between the Tennessee line
s, to and 36 degrees 30 minutes north, and a bill to provide for the more
speedy adjustment of the accounts of executors, administrators
that /pjfand guardians, were severally read the third time,
mill jyV The former bill was committed to Messrs. Bowman, Dawson,
Ion Gorin and Morehead.

this Resolved , That the latter bill do pass, and that the title be, “an

) or- act to provide for the more speedy adjustment of the accounts of
executors, administrators and guardians.”

'allh ', j Ordered , That .Mr. Williams inform the House of Reprcsenta-

pre- fives thereof, and request their concurrence,
the Mr. Beauchamp, from the select committee to whom was re¬
nal;- ferred “ a bill to amend the law concerning divorces,” reported

mm- the same without amendment, and it was committed to Messrs,
n on M’Afee, Beauchamp, Ewing, Carneal and Dawson,
fore- The senate received a message from the House of Representa¬

tives, announcing the passage ol bills of the following titles, to wit:
An act for the benefit of Chasteen T. Duniven, sheriff of Warren
county; an act for legalizing the proceedings of the county court
of Warren, inlaying the levy in November 1823; an act to amend an
act entitled “ an act to incorporate the Cynthiana Library Compa¬
ny ;” an act for the benefit of Jane Proctor and her children, and an
act appointing trustees for the town of Fairfield, in Nelson coun¬
ty ; and the passage of a bill from the Senate, entitled “ an act
forming a new county out of parts of the counties of Hardin and
Breckinridge,” and that they had concurred in the amendments
made by the Senate, to a bill entitled “an act allowing an addi¬
tional Director to the Branch Bank of the Commonwealth at Hart¬
ford.”

Henry B.-Mayo appeared and produced a certificate of his
having been duly elected Senator from the counties of Bath,
Floyd, Pike, Morgan and parts of Lawrence and Perry; and hav-
ISng taken the several oaths of office, took his seat.

1 TO

JOURNAL OF

A bill from the House of Representatives, entitled “ an act sup¬
plementary to the act establishing the county of Oldham,” was
read the first time; and the rule being dispensed with, it was read
a second and third times.

Mr. Denny moved to amend the bill, by attaching thereto the
following clause:

l 'I he said county shall be added to, and forma part of the ninth
Congressional district.”

And the question being taken thereon, it was resolved in the af¬
firmative—Yeas 17, nays 14.

the yeas and nays being required thereon by Messrs. C. H.
Allen and Wickliff, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, Bal¬
linger, Barbee, Beauchamp, Blackburn, Bowman, Carneal, Daw¬
son, Denny, Forsythe, Lyon, Owens, Roper, Towles, J. Ward, T.
Ward and White.

Those who voted in the negative, are, Messrs. C. H. Allen, Cow¬
an, Davidson, Duncan, Ewing, Faulkner, Flournoy, Gorin, M’-
Afee, Miller, Morehead, Rudd,'Smith and Wickliff. "

Mr. W ickliff then moved to amend the amendment, by adding
thereto the w r ords, “ also the county of Hardin.”

And the question being taken thereon, it was resolved in the
negative—Yeas 5, nays 26.

The yeas and nays being required thereon by Messrs. Wickliff
and Beauchamp, were as follow's, to wit:

1 hose who voted in the affirmative, are, Messrs. C. H. Allen,
Gorin, Towles, White and Wickliff.

Those who voted in the negative, are, Messrs. C. Allan, Ballin¬
ger. Barbee, Beauchamp, Blackburn, Bowman, Carneal. Cowan,
Davidson, Daw son, Denny, Duncan, Ewing, Faulkner, Flournoy,
Forsythe, Hickman, M'Afee, Miller, Morehead, Owens, Roper;
Rudd, Smith, J. Ward and T. Ward.

Resolved , That the said bill, as amended, do pass, and that Mr.
Denny inform the House of Representatives thereof.

And then the Senate adjourned.

TUESDAY, DECEMBER 16 , 1823 .

The Senate assembled.

I he Senate recei ved a message from the House of Representa¬
tives, announcing that they had received official information that
the Governor did, on yesterday, approve and sign enrolled bills,
which originated in that House, of the following titles, to wit: An
act to amend the several laws now in force concerning the town of
Maysville, Mason county; an act to establish the county of Old¬
ham ; an act to add a part of the county of Fleming to the county

THE SENATE. 171

©f Nicholas, and an act for the benefit of Joseph and Thomas Rotch,
of Massachusetts. Also, that they had concurred in an amend¬
ment made by the Senate, upon their receding from their first
amendment to a bill entitled “an act for the benefit of George
Payne;” that they had concurred in an amendment made by the
Senate, to a bill entitled “ an act supplemental to an act establish¬
ing the county of Oldham;” that they had passed a bill from the
Senate, entitled “an act to establish the county of Graves,” and
that they had passed bills of the following titles, to wit: An act
for the relief of the acting executor of William Hardin, deceased;
an act incorporating the Harrodsburg Library Company; an act
to authorise the clerk of Logan county to record certain certifi¬
cates, and for other purposes; an act lor the benefit of the late
sheriffs of Ohio, Breckinridge and Daveiss counties, and an act
authorising a sale of part of the real estate of Anthony Griffin, de¬
ceased. Also, that they had adopted a preamble and resolutions
in relation to the late decision of the Court of Appeals of this State
on the replevin and endorsement laws, and the Supreme Court of
the United States, on the occupying claimant laws of Kentucky.

Mr. C. H. Allen presented the petition of William* Spurgin,
praying that a law may be passed authorising the payment of
$143, for notes on the Bank of the Commonwealth which have
been casually destroyed; which was read and referred to the com¬
mittee for courts of justice.

The vote whereby “ a bill to authorise the sale of a portion of
the real estate of John P. Aldridge, deceased, for the purpose of
paying his debts,” was rejected, was re-considered; and the ques¬
tion being taken on reading the bill a second time, it was resolved
in the negative, and so the said bill was again rejected.

The following messages from the Governor were taken up, to
wit:

Gentlemen of the Senate,

I nominate for your advice and consent, the following gentle¬
men, to be commissioned during good behaviour and their resi¬
dence within the bounds of their respective commands, viz.

Thomas Johnson, brigade quartermaster of the 23d brigade,
vice Felix Huston, removed.

William Morgan, colonel of the 3d regiment, vice John Sneed,
removed.

John Allison, lieutenant colonel of the same regiment, vice
William Morgan, promoted.

John Morris, major of the same regiment, vice Peter Duree, re¬
moved.

Martin Hardin, colonel of the 60th regiment, vice Robert Mar¬
tin, promoted.

Joseph Kirkpatrick, lieutenant colonel of the same regiment,
vice Martin Hardin, promoted.

172

JOURNAL OF

Thomas Williams, major of the same regiment, vice William
Read, deceased.

JOHN ADAIR.

December 6th, 1823.

Gentlemen nf the Senate,

1 nominate for your advice and consent, Richardson P. Hughes,
colonel of the 109th regiment, vice John R. Dickerson, resigned.

James FJippin, lieutenant colonel of the same regiment, vice
Richardson P. Hughes, promoted.

Isaac Jackson, major ofthe same regiment, vice James Flippin,
promoted.

Lemuel Stockton, major of the 46th regiment, vice George H.
Ron land, deceased.

Reuhen Reed, major of the 81st regiment, vice Ambrose S.
Bramblet, promoted.

James G. Yates, colonel of the 93d regiment, vice John W.
Shu lev, resigned; to take rank from the date of his pro tem. ap¬
pointment.

Colonel Yates was appointed pro tem. in the recess of the Sen¬
ate of 1822; but in consequence ofa clerical mistake in the recom¬
mendation ofthe brigadier general, he was commissioned by the
name of James G. Gates, and at your last session was nominated
and approved, and again commissioned by the same name.
There is no other person known, who could claim the appointment,
This nomination is made to correct the error.

JOHN ADAIR.

December 13th, 1823.

Resolved , That the Senate advise and consent to said appoint¬
ments, and that Messrs, Barbee, Ewing and Miller inform the Gov¬
ernor thereof.

Engrossed bills, to wit: An act providing for the opening a road
from Greensburg to the Ohio river, and an act concerning the
Bank of Kentucky and the Bank of the Commonwealth, were read
a third time.

Resolve./, That the said bills do pass, and that the titles be, res¬
pectively, “ an act providing for the opening a road from Greens¬
burg to the Ohio river,” and “ an act concerning the Bank of Ken¬
tucky and the Bank of the Commonwealth.”

The question being taken on the passage of the latter bill, it
was resolved in the affirmative—Yeas 22, nays 13.

The yeas and nays being required thereon by Messrs, C. H,
Allen and Beauchamp, were as follows, to wit:

Those wiio voted in the affirmative, are, Messrs. C. Allan, Bar¬
bee, Blackburn, Biwman, Car ieal, Cowan, Davidson, Denny,
Faulkner, Flournoy, Hickman, Howard, Lyon, M’Afee, Marshall,

THE SENATE. * 7S

Roper, Smith, Towles, White, Wickliff, Williams and Worthing-

t0 Those who voted in the negative, are, Messrs. C. H. Allen,
Ballinger, Beauchamp, Dawson. Duncan, Ewing, torsythe, Go-
rin, Mayo, Miller, Morehead, Owens and T. Ward.

Ordered, That Mr. Wickliff inform the House of Representa¬
tives thereof. ... .

The following bills were reported from the select committees to
whom they were referred, to wit: By Mr. Beauchamp, a bill mak¬
ing provision for finishing the Louisville Hospital; b) Mr. 1.
Ward, a bill giving clerks further time to execute their office
bonds, and by Mr. Beanchamp, a bill to amend the act regulating
divorces; severally with amendments. Those to the two former
were concurred in, and the bills ordered to be engrossed and read

a third time. ,

Mr C. Allan moved to lay the latter bill and amendments on the

table until the first day of July next; and the question being tak¬
en thereon, it was resolved in the negative—Yeas 14, nays 21.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Ewing, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, L.
H. Allen, Barbee, Bowman, Cowan, Davidson, Dawson, Duncan,
Gorin, Hickman, Rudd, Towles, J. Ward and 1\ ickliff.

Those who voted in the negative, are, Messrs. Ballinger, Beau¬
champ, Carneal, Denny, Ewing, Faulkner, Flournoy, Forsythe,
Howard, Lvon, M’Afee, Marshall, Mayo, Miller, Morehead,
Owens, Roper, Smith, T. Ward, White and Worthington.

The bill and amendments were then committed to Messrs, r lour-
noy, Denny, Marshall and Beauchamp.

Mr. Barbee, from the joint committee of enrolments, reported
that the committee had examined sundry enrolled bills of the fol¬
lowing titles, to wit: An act allowing additional Directors to
certain branches of the Bank of the Commonwealth: an act to
provide for running the line between the counties of Knox and
Harlan, and an act supplemental to the act establishing the coun¬
ty of Oldham; and had found the same truly enrolled.

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills.

Whereupon the Speaker of the Senate signed the same, and
they were delivered to the joint committee of enrolments, to be
laid before the Governor, and after some time, Mr. Barbee, from
said committee, reported that they had performed that duty.

Mr. R.oper, from the committee for courts of justice, made the
following reports, to wit:

The committee for courts of justice have, according to order,
had under consideration the petitions of Chastecn Scott, guardian,
&c. Thomas Clarke and others, the administrators of William

JOURNAL OF

Mill*'

IE I

174

Littell, and James and Robert Childers, severally praying the
passage oi laws for their benefit, and have come to the following
resolution thereupon, to wit:

Resolved^ .That said petitions be rejected*

The committee for courts of justice have, according to order,
Had under consideration the petition of the heirs of John Snell,
deceased, praying that a law may be passed authorising the sale
ot a certain tract of land, and have come to the following resolu-
lion thereupon, to wit:

^ Resolved , That the said petition be rejected .

1he former resolution was concurred in, except so far as relates
to the petition of James and Robert Childers, which was amend-
cd, by striking out the words “ be rejected,” and inserting, as to
them, the words “ is reasonable,” and concurred in.

Mr. Carneai then moved to amend the latter resolution, by
striKing out the words “ be rejected,” and inserting in lieu (here¬
of the words “• is reasonable;” and the question being taken there¬
on, it was resolved in the affirmative—Yeas 17, nays 15.

The yeas and nays being required thereon by Messrs. Faulkner
and Ewing, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Ballinger,
Beauchamp, Carneai, Davidson, Duncan, Ewing, Forsythe, Go-
rm, Howard, Lyon, M’Afee, Owens, Smith, Towles, t. Ward,
White and Worthington.

Those who voted in the negative, arc, Messrs. C. Allan, C. El.
Allen. Barbee, Bowman, Cowan, Dawson, Faulkner, Flournoy,
Hackman, Mayo, Miller, Morehead, Roper, J. Ward and Wick-

Onlered \ That said committee prepare and bring in bills pursu¬
ant to said resolutions. 1

The following bills were reported, to wit:

By Mr. Roper—A bill for the benefit of the heirs of John Snell.
And by Mr. Gorin A bill to amend the law concerning the col¬
lection of officers’ fees.

Which were severally read the first time, and ordered to be
read a second time; and the rule being dispensed with, the for¬
mer bill was read a second and third times, as follows, to wit:

A Bill for the benefit of the heirs of John Snell.

Be it enacted by the General Assembly of the Commonwealth of Ken¬
tucky, That upon Robert and Cumberland Snell, created trustees
by the deed of John Snell, conveying to them, the said trustees, a
tract or parcel of land in the county of Scott, in trust for the ben¬
efit of the heirs of Joseph Snell, deceased, with the exception of
Peggy Brasher, filing a petition before the Judge of the circuit
court of Scott, setting forth the deed of trust, and praying to be
permitted, by a decree of said court, to sell the said land, convey-

ed to them as aforesaid, for the purposes in said deed stipulated
and directed, it shall and may be lawful for said court to decree a
Ule and conveyance of said tract or parcel of land, by the said
Provided, said court is satisfied that such sale is for the
r e of the heirs of said Joseph Snell, for whose

^__ ' '' said trustees enter

ialty of three times the value of the land, with

_ _ _^ ’___ r proved of by the court, faithfully to per-

the decree and the stipulations of the deed of trust} which
able to the Commomvealth, and upon a
__ j be sued on by the heirs of said Jo-
of the Commonwealth, but for the use

‘ ' ion the passage thereof, it w r as re-
;—Yeas 16, nays 17.

being required thereon by Messrs. Faulkner

Messrs. Ballinger,
Beauchamp, Carneal, Davidson, Denny, Duncan, Fwang, b oTsythe,

_ 1 , r nn i e /"'v ... Cl _: TV U f a *-> i-» A ni'InL

trustees

benefits-,- 0 . , ,

benefit said trust was created: And provided,
into bond, in the pen; __
sufficient security, to be app
form I.. _

bond shall be made pay
breach thereof, the same may
seph Snell, in the name of
aforesaid.

And the question being taken
solved in the negative-
The yeas and nays I
and Carneal, were as i

Those who voted in the affirmative, are.

M’Afee, Owens, Smith, White and Worth

the negative, are, Messrs. C. Allan, C. II.
lan, Cowan, Dawson, Faulkner, Flournoy
uvo, Miller, Morehead, Roper, Towles, J

Gorin, Howaird, Ly
ington.

Mr. Flournoy, from the select committee to whom was referred
“a bill to amend the act regulating divorces,” reported the same
with an amendment in lieu of the bill. The bill w'as then read as
follows, to wit:

A Bill to amend the act regulating Divorces, approved January 31st,

1809.

Whereas there are other causes, in addition to those enumerat¬
ed in the act concerning divorces, approved January 31st, 1809,
for which it is deemed just and reasonable that divorces should be

granted: Therefore, for remedy wffiereof,

§ 1 .Be it enacted by the General Assembly of the Commonwealth of
Kentucky, That in addition to the causes set forth in said recited
act, the following shall be considered as good cause for a divorce,
viz. Adultery, or on the part of the wife, being pregnant by an¬
other man at the time of marriage, without the know ledge ol the
husband, or the having a coloured child; and it shall and may be
lawful for the party aggrieved, as well under the provisions of the
above recited act, as for the causes set forth in this act, to file his
or her petition, on oath, in the clerk’s office of the circuit court of
the county where he or she may reside, setting forth all the causes

JOURNAL Of*

of complaint; whereupon the clerk shall issue a summons against
the defendant, which may be directed to any county within this
commonwealth, who may appear and answer as heretofore, or
plead to the same; and upon the summons being returned execut¬
ed, or where it shall appear to the court that the party against
whom such summons issued is no inhabitant of this State, and
proof of publication agreeable to the laws now in force, said peti¬
tion shall be placed on the docket immediately after the common¬
wealth’s business; and when it shall also appear that the summons
has been executed thirty days previous to the return day, or that
the person is no inhabitant of this State, and that publication has
been made according to law, the same shall stand for trial at the
first term when the summons shall be returned executed, or in
case of publication, at the first-term thereafter; whereupon a jury
shall be empannelled, to consist of house-keepers at least thirty-live
years of age, who shall be sworn to try the truth of the statements
in the petition; and if the jury find that the said petition is sub¬
stantially supported by the evidence, as to the cause or causes spe¬
cified according to law, the court shall pronounce a decree di¬
vorcing the party aggrieved; and when the jury find against the
petition, the court shall dismiss the same with costs.

§ 2. Beit further enacted, That witnesses shall be summoned to
testify before the jury, or depositions may be taken, as to the court
may seem expedient, and judgments for costs, and execution, as in
other cases.

The amendment was then read as follows, to wit:

“ That from and after the passage of this act, all suits for di¬
vorces shall be placed upon the docket next after the business of
the Commonwealth, and be t ried in order, according to the laws
now in force; and in all such causes a jury shall be empannelled
to try and find the facts, which jury shall be composed ot married
men, actually then living with their wives.”-

And the question being taken upon concurring in the amend¬
ment, it was resolved in the affirmative—Yeas 17, nays 15.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Gorin, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, C.
H. Allen, Barbee, Blackburn, Bowman, Davidson, Dawson, Den¬
ny, Duncan, Flournoy, Hickman, Marshall, Morehead, Smith,
Towles, J. Ward and WicklifT.

Those who voted in the negative, are, Messrs. Ballinger, Beau¬
champ, Ewing, Faulkner, Forsythe, Gorin, Howard, Lyon, M’Afee 4 -
Mayo, Miller, Owens, T. Ward, White and Worthington.

The bill, having been engrossed, was read a third i me.

Resolved , That the said bill do pass, aud that the title be, ‘‘an
act to amend the law concerning divorces.”

Ordered , That Mr. Flournoy inform the House of Representa¬
tives thereof.

Ordered , That the committee of the whole house on the state of
the commonwealth be discharged from the further consideration
of the bill regulating civil proceedings; and the amendments
were concurred in, and the bill committed to the committee for
courts of justice.

The Senate received, by Mr* Waggener, a written message
from the Governor, containing nominations of officers for Oldham
county; and the rule being dispensed with, it was taken up and
read as follows, to wit:

Gentlemen of the Senate ,

The recommendations having been made in conformity to the
provisions of the Constitution, 1 nominate tor your advice and
consent, James S. Crutchfield, sheriff; Fitzhugh Thornton, coro¬
ner; Richard Barbour, Richard Oglesby, Janies Barbee, 1 homas
T. Barbour, Andrew Steele, Thomas Ely, Jack Pryor, William
Gatewood, Edward M. Taylor, Ellis Oglesby, Smith Phelps,
Thomas Ballard and William Foree, justices of the peace in and

for the county of Oldham.

J JOHN ADAIR.

December 16 th, 1823.

Resolved , That the Senate advise and consent to said appoint¬
ments, and that Messrs. White, Denny and C. Ii. Allen inform
the Governor thereof.

Ordered, That Mr. Marshall be added to the committee for
courts of justice.

Mr. Dawson moved the following resolution, to wit:

Res Ived, That the public printers forthwith print 1,000 copies
of the petition presented by George M. Bibb, for a re-Leai ing ot
the decision of the Court of Appeals relative to the replevin and
endorsement law's, for the use of the members of the Legislatuie.

Mr. Flournoy moved the following amendment, to wit:

“ That the argument contained in the speech of Thomas Mont¬
gomery, delivered in the House of Representatives, be also print¬
ed.”

And the question being taken on the amendment, it was lesolv-
cd in the negative—Yeas 10, nays 22..

The yeas and nays being required thereon by Messrs. Beau¬
champ and Owens, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, Bow¬
man, Cowan, Davidson, Faulkner, Flournoy, Hickman, Howard,

Roper and Williams. 0 , ,, n

Those who voted in the negative, are, Mr. Speaker, Messrs. L.
II. Allen, Ballinger, Barbee, Beauchamp, Carneal, Dawson, Den¬
ny, Duncan, Ewing, Forsythe, Gorin, Lyon, M A fee, Marshall,
Mayo, Miller, Owens, Smith, T. Ward, White and Worthington.

THE SENATE.

17?

178

JOURNAL OF

The question was then taken upon concurring; in the resolution,
and it was resolved in the affirmative—Yeas 20, nays 12.

The yeas and naya being.required thereon by Messrs. Davidson
and C„ H. Allen, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Beauchamp, Carneal, Dawson, Denny, Dun¬
can, Ewing, Forsythe, Gorin, Lyon, M’Afee, Marshall, Mayo, Mil¬
ler, Owens, Smith, T. Ward and Worthington.

Those who voted in the negative, are, Mr. Speaker, Messrs. C.
Allan, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickman,
Howard, Roper, White and Williams.

And then the Senate adjourned.

WEDNESDAY, DECEMBER 17, 1823.

The Senate assembled.

The Lieutenant-Governor appeared and resumed his duties.

Mr. Barbee, from the joint committee of enrolments, reported
that they had examined enrolled bills of the following titles, to
wit:. An act to establish the county of Graves, and an act forming
a new county out of parts of the counties of Hardin and Breckin¬
ridge, and had found the same truly enrolled.

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills.

Whereupon the Speaker of the Senate signed them, and they
were delivered to the joint committee of enrolments, to be laid
before the Governor; and after some time, Mr. Barbee, from said
committee, reported that they had performed that duty.

The following bills were reported, to wit:

By Mr. Blackburn:—A bill to amend and reduce into one the
several acts regulating executions.

By Mr. Roper—A bill for the benefit of RylandT. Dillard and
others..

And) by Mr. Lyon—A bill to establish, the town of Mayfield, in
Graves county, and to provide for the sale of the lots.

Which were severally read the first time; and the rule being
dispensed with, they were read a second time, and the two latter
a third time, (having been engrossed.)

Resolved , That the two latter bills do pass, and that the titles be*
respectively,. “ an act for the benefit of Ryland T. Dillard and
others,” and “ an act to, establish the town of Mayfield, in Graves
county, and to provide for the sale of the lots.

Ordered\ That Mr. C. Allan inform the House of Representa¬
tives thereof.

The former bill was laid on the table, and the public printers
ordered, to. print I SO copies thereof, for the use-of the Legislature.

THE SENATE. 17$

A bill farther to regulate the duties of clerks, was read a Second
time; and the rule being dispensed with, and the bill having been
engrossed, it was read a third time.

Resolved , That the said bill do pass, and that Mr. T. Ward in¬
form the House of Representatives thereof.

On the motion of Mr. Beauchamp, leave was given to bring ilia
bill to amend the law concerning frauds and perjuries; and Messrs.
Beauchamp, Flournoy, Denny, M'Afee and C. H. Allen Were ap¬
pointed a committee to prepare and bring it in.

Mr. M’Afee, from the select committee to whom was referred
“ a bill for the benefit of the heirs of David Davidson, deceased,
reported the same with an amendment, which was concurred in;
and the bill, having been engrossed, was read a third time.

Resolved , That the said bill do pass, and that the title be, “an
act for the benefit of the heirs of David Davidson, deceased.

Ordered , That Mr. M'Afee inform the House of Representatives

thereof. f

Ordered , That the committee of the whole house on the state ot
the commonwealth be discharged from the farther consic eiation
of the following bills, to wit: A bill for the benefit of securities;
a bill better to secure the right of property to married women
and their children, and a bill to amend the law concerning cham¬
perty and maintenance. , ,

The first bill was committed to Messrs. Marshall, Howard and
Blackburn; the second to Messrs. Blackburn, C. Allan and Roper,,
and the third to Messrs. Beauchamp, T.Ward and Blackburn.

The Senate received, by the Secretary of State, a written mes¬
sage from the Governor; and the rule being dispensed with, 1
was taken up and read as follow's, to wit:

Gentlemen of the Senate, •

I nominate for your advice and consent, William Garnett, lieu¬
tenant colonel of the 67th regiment, vice James M. Gaines, re-

& Thomas Nelson, major of the same regiment, vice William Gar¬
nett, promoted.

Samuel 1. M’Dowell, lieutenant colonel of the 26th regiment,
vice Thomas R. Shannon, removed.

Robert W. Ragland, major of the same regiment, vice John *i.

Clark, deceased. J0HN ADAIR

December 17th, 1823. .

Resolved , That the Senate advise and consent to said appoint¬
ment, and that Messrs. T. Ward and Davidson inform the Gover¬
nor thereof. _ .

Mr. Gorin, from the joint committee appointed to examine the
report of the Branch Bank of the Commoitvvealth at GrecnSburg,
made the following report, to witt

180

JOURNAL OF

The joint committee appointed to examine the situation of the •
Branch Bank of the Commonwealth located at Grcensburg, have
performed that duty, and beg leave to report, that according to
ttie report furnished by the Cashier, the Directory have conduct¬
ed that institution, as to the amount of loans, agreeable to the
charter; and the debts owing by the citizens of the counties of
Green, Adair, Hart and Monroe, are, as far as your committee
know or believe, well secured. Those owing by the citizens of
Barren county, are not entirely so. They believe there is, of that
c.-unty, about §1,109 which may be deemed bad, and about §6,070
doubtful. And of the debts owing by the citizens of the county of
Cumberland, it is believed about §2,402 may be considered bad,
and about §2,458 doubtful. All of which is respectfully submit¬
ted.

From the Senate ,

JOHN GORIN,

WILLIAM OWENS,

ELIAS BARBEE,
GRANVILLE BOWMAN,
(So far as respects Cumberland county.)

From the House of Representatives ,

HIRAM S. EMERSON,
BENJAMIN SELBY,

JOHN EMERSON,
LIBERTY GREEN,
GEORGE GALLOWAY,
RICHARD I. MUNFORD,
M. AY. HALL.

Resolved , That the hour of meeting by the Senate, for the resi¬
due of the present session, shall be nine o’clock,

Mr. Wickliff moved to take up the resolution for the final ad¬
journment of the Legislature; and the question being taken
thereon, it was resolved in the affirmative—Yeas 22, nays 12.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Ewing, were as follows, to wit:

Tiiose who voted in the affirmative, are, Messrs. C. Allan, Bal¬
linger, Blackburn, Bowman, Carneal, Cowan, Davidson, Dawson,
Denny, Ewing, Faulkner, Flournoy, Hickman, Howard, Lyon,
Roper, Towles, J. Ward, White, AYickliff, Williams and Worth¬
ington.

Those who voted in the negative, are, Messrs. C. H. Allen,
Barbee, Beauchamp, Duncan, Forsythe, Gorin, M’Afee, Miller,
Owens, Rudd, Smith and T. AYard.

Mr. Beauchamp moved to fill up the blank with the first day of
January next; and the question being taken thereon, it was re-,
solved in the negative—Yeas 12, nays 24.

THE SENATE.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Miller, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Barbee, Beauchamp, Denny, Duncan, Forsythe, Gorin, M Afee,
Mayo, Miller, Smith and T. Ward.

Those who voted in the negative, arc, Messrs. C. Allan, Ballin-

Worthington.

The blank was then filled with the 24th instant; and the ques¬
tion being taken upon the adoption thereof, it was resolved in the
affirmative—Yeas 24, nays 12.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Gorin, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, Bal¬
linger, Barbee, Barrett, Blackburn, Bowman, Carneal, Cowan,
Davidson, Dawson, Denny, Ewing, Faulkner, Flournoy, Hickman,
Howard, Rudd, Towles, J. Ward, T. Ward, White, Wickliff,
Williams and Worthington.

Those who voted in the negative, are, Messrs. C. H. Allen,
Beauchamp, Duncan, Forsythe, Gorin, Lyon, M’Afec, Mayo, Mil¬
ler, Owens, Roper and Smith.

Ordered , That Mr. Faulkner inform the House of Representa¬
tives thereof.

The Senate received a message from the House of Representa¬
tives, announcing the passage of bills of the following titles, to
wit: An act to abolish an election precinct in Cumberland county;
an act for the divorce of Emily Nixon and others; an act provid¬
ing for a change of venue in the case of William Cornwell; an act
for the benefit of the heirs of John South, and an act to compen¬
sate Henry Clay and John Rowan for their services as counsel for
the State of Kentucky under the convention with Virginia.

The latter bill was read the first time; and the rule being dis¬
pensed with, it was read a second and third times.

Resolved, That the said bill do pass, and that Mr. Wickliff in¬
form the House of Representatives thereof.

A resolution from the House of-Representatives, in relation to
the Penitentiary, was taken up and concurred in.

Ordered , That Mr. Ewing inform the House of Representatives
thereof.

The preamble and resolutions in relation to the late decision of
the Court of Appeals of this State, on (he replevin and endorse¬
ment laws, and the Supreme Court of the United States, on the
occupying claimant laws of Kentucky, were committed to a com¬
mittee of the whole house on the state of the commonwealth, for
to-morrow.

182

JOURNAL OF

iprwr

W-' :

lilt S

Bills from the House of Representatives, of the following titles,
to wit: 1. An act for the benefit of the heirs and representatives ' V '
of Benjamin South, deceased; 2. an act for the benefit of Thomas
Mullens; 3. an act to revive the law providing for the appoint- aI
ment of commonwealth’s attorneys; 4. an act for the benefit of ,•
James Kirkham’s heirs; 5. an act to amend an act to establish a "
seminary of learning in the county of Hart; 6. an act to amend an j
act entitled “ an act to incorporate the Cynthiana Library Com 1 yy
puny;” 7. an act appointing trustees for the town of Fairfield, in
Nelson county; 8. an act for legalizing the proceedings of (he g
county court of Warren, in laying the levy at November term!
1823; 9. an act for the benefit of Chasleen T. Duniven, sheriff of a
Warren county; 10. an act for the benefit of Jane Proctor and her a[
children, and 11. an act establishing election precincts in the ^
counties of Fayette, Harrison and Lawrence, and for other pur¬
poses, were severally read the first time. j

The question being taken on reading the first bill a second time,
it was resolved in the negative; and so the said bill was rejected.

The rule being dispensed with, the remainder of said bills were j
read a second and third times.

Resolved , That the said bills do pass, and that Mr. T. Ward in-
form the House of Representatives thereof.

The following bills were read a second time, to wit: 1. A bill
for the benefit of the heirs of Philip Buckner; 2. a bill for the ben- jyy
efit of Robert C. Slaughter; 3. a bill for the benefit of a school in
Washington county; 4. a bill for the benefit of Littleberry Batch- J.
elor; 5. a bill for the benefit of Elijali Veach and William Dur-
rington; 6. a bill to regulate the duties of certain officers; 7. a _
bill to repeal all laws allowing a replevin of two years on contracts i I ^
entered into. after the first day of June next; 8. a bill to repeal the j
act allowing’ postage to the adjutant-general, and increasing his
salary; 9. a bill to raise a revenue from clerks’offices, and forH
other purposes, and 10. a bill to increase the allowance to indi-flL
gent pupils in the Asylum-for the education of the Deaf and Dumb,; l
The fourth bill was committed to the committee for courts of®!
justice, and the eighth to Messrs. Wickliff, Davidson and Gorin.

The first, second, third, seventh and tenth bills were ordered to
be engrossed and read a third time; and the rule being dis-W
pensed with, the first, second and tenth bills (having been en-
grossed) were read a third time.

Resolved, That the said bills do pass, and that the titles be, res- ^
pectively, “anact for the benefit of the heirs of Philip Buckner;”B
“ an act for the benefit of Robert C. Slaughter,” and “ an act to in- , ! e ‘
crease the allowance to indigent pupils in the Asylum for theedu- &
cation of the Deaf and Dumb.” _

Ordered , That Mr, Rudd inform the House of Representative* '
thereof.

The question being taken on the passage of the tenth bill, it
was resolved in the affirmative—Yeas 26, nays 9.

The yeas and nays being required thereon by Messrs. Wicklitl
and M’Afee, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, Bal¬
linger, Barbee, Barrett, Beauchamp, Blackburn, Davidson, Den¬
ny, Ewing, Flournoy, Forsythe, Gorin, Howard, Lyon, M’Afee,
Marshall, Mayo, Miller, Owens, Smith, Towles, J. Ward, T. Ward
White, Williams and Worthington.

Those who voted in the negative, are, Messrs. C. H. Allen
Bowman, Cowan, Dawson. Duncan, Faulkner, Hickman, Rudd

was resolved in the affirmative—Yeas 24, nays 13.

The yeas and nays being required thereon by Messrs. Williams
and T. Ward, were as follows, to wit:

r L hose who voted in the affirmative, are, Messrs. Ballinger, Bar¬
bee, Barrett, Beauchamp, Bowman, Cowan, Davidson, Dawson,
Denny, Ewing, Gorin, Hickman, M'Afee, Marshall, Mayo, Miller,
□wens, Rudd, Smith, Towles, J. Ward, T. Ward, Wickliff and
Worthington.

Those who voted in the negative, are, Messrs. C. Allan, C. FI.
Allen, Blackburn, Duncan, Faulkner, Flournoy, Forsythe, Hick¬
man, Lyon, White and Williams.

Resolutions irom the House of Representatives, requesting the
^attention ot the general government to the subject of slaves be¬
longing to citizens of the United States, who have or may escape
into Canada, were taken up and concurred in.

Ordered , That Mr. Ewing inform the House of Representatives
thereof.

j An engrossed bill to lay off the State into Electoral Districts^
was read a third time, and the blanks therein filled.

Resolved , That the said bill do pass, and that the title be, “ an
act to lay off the State into Electoral Districts.’*

Ordered , That Mr. Wickliff inform the Flouse of Representa¬
tives thereof, and request their concurrence.

Bills from the House of Representatives, of the following titles,
to wit: 1. An act authorising certain advertisementsto be publish¬
ed in “ The News-Letter;” 2. an act more effectually to suppress
gaming; 3. an act for the benefit of Frederick Ridgely, and for
other purposes; 4. anactforthe benefit of Frederick Snider, and
5- an act for the benefit of Jacob Butler, were severally read the
first time and ordered to be read a second time.

184

JOURNAL OF

The rule being dispensed with, the four former bills were read
a second time, and the first a third time, having been amended at
the Clerk’s table.

Resolved , That the said bill, as amended, do pass, and that the
title be “ an act authorising certain advertisements to be publish¬
ed in “The News-Letter” and “ Telegraph.”

Ordered , That Mr. M’Afee inform the House of Representatives
thereof.

The third bill was committed to the committee for courts of
justice.

And then the Senate adjourned*

THURSDAY, DECEMBER 18, 1023*

The Senate assembled.

Mr. Barbee, from the joint committee of enrolments, reported
that they had examined sundry enrolled bills and an enrolled reso¬
lution, of the following titles, to wit: An act for the benefit ol
Thomas Mullens; an act to amend an act to establish a seminary of
learning in Hart county; an act to revive the law providing for
the appointment of commonwealth’s attorneys; an act providing
for a change of venue in the case of Elijah Walton; an act for the
benefit of George Payne of Union county, and George Payne ot
Henry county; an act to compensate Henry Clay and John Rowan
for their services as counsel for the State of Kentucky, under the
convention with Virginia, and a resolution in relation to the Peni¬
tentiary; and had found the same truly enrolled.

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills and re¬
solution.

Whereupon the Speaker of the Senate signed them, and they
were delivered to the joint committee of enrolments, to be laid be¬
fore the Governor; and after some time, Mr. Barbee reported that
they had performed that duty.

The Senate received a message from the House of Representa¬
tives, announcing that they had received official information that
the Governor did, on this day, approve and sign enrolled bills,
which originated in that House, of the following titles, to wit:
An act supplemental to the act establishing the county of Old¬
ham; an act to provide fur running the line between the counties
of Knox and Harlan, and an act allowing additional Directors to
certain branches of the Bank of the Commonwealth. Also, that
they had passed hills of the following titles, to wit: An act for the
benefit of the widow and heirs of Joseph Sansberry, deceased; an
act for the benefit of the heirs of Absalom Adams, deceased; an
act for the benefit of John Cotrell and others; an act for the bene--

THE SENATE. 185

At of the administrators of Rezin Clubb, deceased, and an act to
amend an act to incorporate a turnpike road company from Louis¬
ville to Portland and Shippingport.

The latter bill was taken up and read the first time; and the
rule being dispensed with, it was read a second and third limes.

Resolv'd, That the said bill do pass, and that Mr. T. Ward in¬
form the House of Representatives thereof.

On the motion of Mr. M’AI'cc, leave was given to bring in a bill
to amend the act incorporating the trustees ol the Centre College
of Kentucky; and Messrs. M’Afee, Davidson and Marshall were
appointed a committee to prepare and bring it in.

The following hills were reported, to wit:

BvMr. Roper— 1. A bill to change the venue in the case ot
John Williams. Also, 2. a bill for the benefit of Nancy Stroud.

By Mr. Lyon—3. A bill for the benefit of Isaac and Clio Alzire

Darneille. ...

By Mr. Beauchamp—4. A bill to amend the law concerning

frauds and perjuries. „ . „ , ,

By Mr. T. Ward—5. A bill for the benefit of James and Robert

Childers. ,

And by Mr. Miller—6. A bill allowing an additional term to the
county court of Hardin.

Which bills were severally read the first time, and ordered to
be read a second time; and the rule being dispensed with, the
1st. 2d, 3d, 5th and 6th bills were read a second time.

The 1st, 3d, 5th and 6th bills were ordered to be engrossed and
read a third time; and the rule being dispensed with, and the 1st,
5th and 6th bills having been engrossed, were read a third time.

Resolved, That the said bills do pass, and that the titles be, res¬
pectively, “ an act to change the venue in the case of John> Wil¬
liams;” “an act lor the benefit of James and Robert Clnlder-,
and “ an act allowing an additional term of the Hardin county

C ° 'Ordered, That Mr. Ewing inform the House of Representatives

thereof, and request their concurrence.

The second bill was committed to the committee for courts ot

iti slice* . i

The question being taken on reading the fourth bill a second

time, it was resolved in the affirmative—Yeas 18, nays 16.

The yeas and nays being required thereon by Messrs. Beau¬
champ and.Camenl, were a's follows, to wit:

Those who voted in the affirmative, are, Messrs. Barbee, Beau¬
champ, Blackburn, Carneal. Cowan, Faulkner. I« lournoy, Lonn,
Hickman, Lyon, M’ Afee, Miller, Moreliead, Owens,Rudd, lowles,

White and Worthington. ... „ „

Those who voted in tlie negative, are, Messrs. C. Allan, O. ti.
Allen, Ballinger, Barrett, Bowman, Davidson, Dawson, Denny-

186

JOURNAL OF

Duncan, Ewing, Howard, Mayo, Roper, J. Ward, T. Ward and
Wick I iff.

Mr. Carneal made the following report, to wit:

The joiiit committee to whom was referred the examination of
the list of debtors to the Branch of the Bank of the Commonwealth
of Kentucky at Falmouth, have had the same under consideration,
and beg leave to submit the following report, viz. That the debts,
so far as they know or believe, are well secured, and that this
branch of the institution appears to have been governed by the
principles.prescribcd in the act of incorporation.

From, the Semite,

JOHN FORSYTHE,

P. BAB RETT.

JOHN H. RUDD,
THOMAS D. CARNEAL.

From the House oj Representatives,

H. O. BROWN,

S. GRIFFITH,

LEWIS RIDDELL.
LEONARD STEPHENS,

R. W. WEBBER,
STEPHEN MULLINS.

Mr. Flournoy read and laid on the table the following resolm
tion, to wit:

Whereas the reports of defaulting debtors, and of other mat¬
ters of information required by resolution, from the different
branches of the Commonwealth’s Bark, have not been made to the
Legislature; in consequence of which, but few' reports of commit¬
tees, showing the state and condition of said branches, have yet
been made to either branch of the Legislature: Therefore,

Resolved, That the resolution fixing on the 18th inst. for the
election of Bank Officers, be rescinded, and that the 22d day of
this month be fixed upon in lieu thereof.

The rule being dispensed with, it was taken up and adopted.

Ordered. That-Mr. Flournoy inform the House of Representa¬
tives thereof, and request their concurrence.

The following bills were reported from the select committees
to whom they were referred, to wit: By Mr. Wickliff, a bill to re¬
peal the act allowing postage to the Adjutant-General, and in¬
creasing his salary; b> Mr. Blackburn,a bill better to secure the
right of property to married women and their children-; and by
Mr. Howard, a bill for the benefit of securities; with amendments
to the two latter.

The question being taken on engrossing and reading the first-
bill a third time, it was resolved in the negative; and so the said
bill w r as rejected.

187

THE SENATE.

Mr. Wield iff moved to lay the second bill on the table until the
first day'of June next; and the question being taken thereon, it
was resolved in the negative Yeas 14, nays 19.

The yeas and nays being required thereon by Messrs, black-
burn and Gorin, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barrett, Bowman, Davidson, Dawson, Eaulkncr Flour¬
noy, Hickman, Howard, Lyon, Roper, Towles and Wickliil.

Those who voted in the negative, are, Messrs. Barbee, Beau¬
champ, Blackburn, Cowan, Duncan, Ewing, ForsftM, Conn, M-
Alee, Mayo, Miller, Morehead, Owens, Rudd, Smith, J. Waul,
White, Williams and Worthington.

The amendment to the second bill was concurred in, anu the
bill ordered to be engrossed and read a third time.

The third bill, with the amendment, was committed to Messrs.

Flournoy, Howard and Towles..

The Senate then, according to the standing order ol the day, re¬
solved itself into a committee of the whole house on the state ot
the commonwealth, Mr. Howard in the chair; and after some time
spent therein, Mr. Speaker resumed the chair, and Mr. Howard
reported, that the committee had, according to order, had under
consideration a preamble and resolutions from the House of Rep¬
resentatives, in relation to the late decision of the Court ot Ap¬
peals of this State on the replevin and endorsement laws, and the
Supreme Court of the United States on the occupying claimant
laws of Kentucky, and had made some progress therein; but not
having time to go through the same, had instructed him to ask for

leave to sit again; which was granted.

Tiie Senate received a message from the Hftuse of Representa¬
tives, announcing that they had adopted a resolution from the
Senate, fixing a day for the election of Bank Officers, with an

amendment. .

The amendment was taken up and concurred in.

Ordered, That Mr. Ewing inform the House ot Representatives

thereof.

And then the Senate adjourned.

FRIDAY, DECEMBER 19, 1893.

The Senate assembled. • w , r

Mr. Ewing presented the petition of the heirs of Henry VVoll,
praying that a law may be passed authorising the sale and con¬
veyance of a tract of land descended to them; which was read and

referred to the committee for courts of justice.

Mr. Roper, from the committee for courts of justice, made t ic
following report, to wit:

The committee for courts of justice have, according to order,
had under consideration a hill irom the House of Representatives,
entitled ‘"an act for the benefit of Jacob Butler, and have come to
the following resolution thereupon, to wit:

Resolved , That said bill ought not to pass.

Which was twice read and concurred in.

And the question Teing taken on reading the bill a third time,
it was resolved in the negative; and so the said bill was rejected.

Ordered , That Mr. Ewing inform the House of Representatives
thereof.

The Senate received information, by the Secretary of State,
that the Governor did, on the 15th inst. approve and sign an en¬
rolled bill, which originated in the Senate, entitled an act for the
benefit of the heirs of Benjamin Beall and Janetta H. Bea]l, laic
of the county of Campbell.” Also, on the 17th inst. enrolled bills
oi the following titles, viz, An act forming a new county out of
parts of the counties of Hardin and Breckinridge, and an act to
establish the county of Graves,

Ordered , I hat Mr. Ewing inform the House of Representatives
thereof.

Mr. Roper, from the committee for courts of justice, to whom
was referred “a bill to regulate civil proceedings,” reported the
same with amendments, which were concurred in with amend¬
ments, and the bill ordered to be engrossed and read a third
time.

The vote whereby the bill to repeal the act allowing postage to
the Adjutant-General, and increasing his salary, was rejected, be¬
ing re-considered,,it was committed to Messrs. Ewing, Owens,
Dawson, Duncan arid Miller.

J he Senate then, according to the standing order of the day, re¬
s'* 1 'id itself into a committee of the whole house on the stale of
the commonwealth, Mr. Gorin in the chair; and after some time
spe: t therein, Mr. Speaker resumed the chair, and Mr. Gorin re¬
ported, that the committee had, according to order, resumed the
consideration of a preamble and resolutions from the Blouse of
R preservatives, in relation to the late decision of the Court of
Appeals ol this State on the replevin and endorsement laws, arid
the Supreme Court of the United States on the occupying claim¬
ant laws ol Kentucky, and had gone through the same without
amendment.

W hereupon the said preamble and resolutions w 7 ere re-commit¬
ted to the committee ol the whole house on the slate of the com-
pionwealth, for to-morrow.

Mr. Howard read and laid on the table the following resolu¬
tion, to wit:

Resolved bp the General Assembly of the Commonwealth of Kentucky,
that Hie Treasurer be directed to pay the claim oi Joseph and

JOURNAL OF

THE SENATE. 189

Thomas Rotch, or any part thereof, in Commonwealth’s paper, at
a fair exchange, not exceeding two for one. *

The rule being dispensed with, it was taken up and adopted.
Ordered , Tnat Mr. Lyon inform the House ot Representatives
thereof, and request their concurrence.

And then the Senate adjourned.

SATURDAY, DECEMBER 20, 1823.

The Senate assembled.

Mr. Barbee, from the joint committee f enrolments, reported
that they had examined sundry enrolled bills and resolutions of the
following titles, to wit: An act to amend an act entitled “an act
to incorporate the Turnpike Road Company from Louisville to
Portland and Shippingport;” an act appointing trustees for the
Cvvu of Fairfield, in Nelson county; an act establishing election
precincts in the counties of Fayette, Harrison and Lawrence, and
for ot iter purposes; an act for the benefit of Jane Proctor and her
children; an act for legalizing the proceedings of the county court
of Warren, in laying the levy at November term 1823; an act to
amend an act entitled “ an act to incorporate the Cynthiana Li-
brarv Company;” an act for the benefit of Chasteen T. Duniven,
sheriff of Warren county, and resolutions requesting the attention
of the general government to the subject of slaves belonging to
citizens of the United States, who have or may escape into Cana¬
da: and had found the same truly enrolled.

Tiie Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills and re¬
solutions.

Wiiereupon the Speaker of the Senate signed them, and they
were delivered to the joint committee of enrolments, to be laid
before the Governor; and after some time, Mr. Barbee reported
that they had performed that duty.

Ordered , Tnat the committee of the whole house on the state of
the commonwealth be discharged from the further consideration
of a preamble and resolutions from the House of Representatives,
in relation to the late decision of the Court of Appeals of this
Sute on the replevin and endorsement laws, and the Supreme
Court of the United Slates on the occupying claimant laws of Ken¬
tucky; and they were taken up and read as follows, to wit:

In this House of Representatives, December, 1823.

THE late decision ofthe Court of Appeals, pronounced in the
»ases of Blair vs. Williams, and Lapslv vs. Brashear, having been
referred to in the communication of the Governor, demands the
attention of the legislature. In that decision the existing remedi-

JOURNAL OF

al laws of the state, are declared to be unconstitutional and vojd,
in relation to all contracts made anterior to their enaction. The
principle which it establishes, whether viewed in relation to its
practical effects upon society in its present embarrassed condition,
or in relation to the exercise of legitimate power by the depart¬
ments, according to its distribution and apportionment in the con¬
stitution of the state, is entitled to the calm and vigilant scrutiny of
the legislature. And if upon such scrutiny those laws should be
found to have been enacted in contravention ol any provision of
either the constitution of the state or that of the United States,
they should be forthwith repealed, and their place supplied by
valid enactions; but if, on the contrary, they should be found to be
not in confliction with any restraint imposed upon legislative
power, by either of the constitutions, and it should appear that the
judges, in prpclaiming them void, have transcended the limits as¬
signed by the constitution to the exercise of judicial power,
they should be informed of that fact, and admonished that their
decision does not, as it ought not to vacate those laws. Their
concurrence was not, by the constitution, necessary to their en¬
action; their veto cannot vacate them; and they themselves
have declared, in the case of Banks vs. Oden, that “ while they
would feel it their duty to pronounce any act of the legislature
void, which was manifestly in confliction with the constitution, they
feel a strong disinclination to encroach upon the province of the le¬
gislature, by' attempting to narrow its sphere of action, or thwart its
will. They cannot do it by construction or intendrpenl. The con¬
viction of the law -with the constitution, must be obvious and palpa¬
ble , to induce them to make such declaration.” (See 1st Mar¬
shall 551.) There is, therefore, high authority against the arri¬
val, by construction, at the conclusion that a law is unconstitu¬
tional. The impulses of charity, and the dictates of reason, alike
proclaim, that the judges, when they entertain doubts as to the
constitutionality of a law, should presume that those who enacted
it, were not less obliged than themselves, to preserve the constitu¬
tion inviolate, and should give effect to the law. All the judges
concur in the opinion, that the existing remedial laws are void, in
relation to contracts which were in existence at the time of their
enaction; one of them declares all laws to be void which authorise
replevins or sales on credit, in any case whatever. Each sup¬
ports his opinion by his construction of the l Oth section of the first
article of the constitution of the United States, which, in the lat¬
ter clause of it, provides “ that no state shall pass any law impair¬
ing the obligation of contracts.’* It will perhaps subserve the pur¬
poses of this inquiry into the correctness of the decision, and ac¬
cord better with correct notions of fitness, that it should be con¬
fined mainly to the reasoning of the Chief Justice, as he is the of¬
ficial organ of that court. He enquires, first, what it is that con-

THE SENATE.

191

stitutes the obligation of a contract:: and second, does the act of as¬
sembly impair that obligation? The act alluded to is that which
allows a replevin of two years, when the endorsement that notes on
the bank of the State, or Commonwealth, will be taken, is not
made. In answer to the first question, he asserts, with the writers
upon ethics, and the law of nature and nations, that obligations are,
according to natural law, perfect or imperfect, and with them as¬
serts, that the obligation to gratitude and benevolence is ol thfc
imperfect sort, and invests the person who claims the perfor¬
mance of its duties, with no right to exact it by force; that the
performance of obligations of the perfect sort, may be exacted
by violence on the part of the person to whom the obligation is in¬
curred ; that in civil society, the remedies afforded by the laws are
in substitution of the violence, which might, according to natural
law, have been used for the enforcement of obligations of the per¬
fect sort; and that, therefore, the obligation of a contract consists
alone in the remedy afforded by the laws for its enforcement, or
in his own language, “ the legal obligation of the contract evident¬
ly consists in the remedy alone. It can consist in nothing else; for
if the remedy is withheld or taken aw r ay, the contract has no legal
obligation.”

He illustrates his position by the effect which the statute of
frauds and perjuries, and the statute of limitations, have upon the
cases of contract to which they apply, and asserts that the statuto¬
ry denial of remedy to those cases, leaves them without any legal
obligation. He instances also the case of simple contract without
consideration, upon w'hich at common law r , no action will lie. In
further illustration of his doctrine, he refers also to Evans’ Po-
thier, part 2d, chapter 1st, as authority in its support.

The doctrine, and the cases cited and referred to for its illus¬
tration and support, remain to be examined. The doctrine of the
Chief Justice in relation to perfect obligations, and the right of en-
j forcing them by violence in a state of nature, according to natural
la-w, is admitted to be correct, as is also his doctrine in relation to
imperfect obligations. But it is insisted, that in the transition
from a state of nature to the state of civil society, the obligatory
; force of moral obligations of the perfect sort, is not cancelled or
annulled. On the contrary, the laws of nature, so far as they relate
to moral obligations of that character, are incorporated in the mu¬
nicipal code, by the social compact, ratified and enforced” by the
laws of society, as the best rules of action in social intercourse.
Indeed, they could not be annulled by society. They were enact¬
ed by the great Law-giver of the Universe, not for the temporary
use of man, while in a state of nature; but for the regulation of his
conduct, in every state of association of which he is capable.
They form a part of his moral sense, are identified with it, and
have the sanction of that reason with which he wms endowed by

• i ;

192 JOURNAL OF

his beneficent Creator, as the rule of hisconduet and his guide to
happiness. His social propensities unile with his reason, in pro¬
claiming the obligatory force of the laws of nature, of the obliga¬
tions which they impose, and their irrevocable character. The
laws of civil society, so far as they constitute the rules of right, are
no other than the laws of nature more explicitly defined and suit¬
ed in their re-enaction to the condition of the people who com¬
pose the society. Human laws, says Blackstone, are declaratory
of the laws of nature.

Law, whether natural or municipal, is a rule of action, and its
very existence implies the obligation, on the part of those on
whom it is imposed as a rule, to conform to it. The obligation
which is denominated legal, results from, and is imposed by the
laws of civil society. But the laws of civil society" are but declar¬
atory of the laws of nature; therefore, the obligation which re¬
sults from the laws of nature, results also from the laws of civil
society'. When considered as resulting from the former, it is bind¬
ing only in conscience, and is denominated a moral obligation;
but when considered as resulting from the latter, it is denomina¬
ted a legal obligation, and is externally binding.

The purpose for which civil society is formed, is the general se¬
curity , and the general interests of the whole, and its several parts.
Every man, therefore, by consenting to make himseli a member
of civil society, agrees, tacitly or expressly, that these purposes,
shall be carried on, and that he will concur in carrying them on, j
by such measures as the common sense and understanding of soci¬
ety shall approve of arid prescribe. Thus far, he is engaged only
in a compact which obliges him by means of his own immediate
consent, without which he would be no party to it, nor be in any¬
way concerned in its obligation; but by this compact he gives
society a legislative power over him; that is, he gives it a right to
prescribe such rules for hisconduet as the common understanding
.of society shall judge to be necessary, or conducive to the general
good; and consequently, by the same compact, he obliges him¬
self to observe those rules, when they are so prescribed. Those
rules of right, and of conduct, comprising the laws of nature, sanc¬
tioned by the compact, and proclaimed either by the re-enaclbr;
of them by society, or by their adoption by immemorial usage, be¬
come in society the rules of external obligation as to all the indi¬
vidual- and social duties of man in a state of civil society, and art-
obligatory upon all it« members.

The right which individuals possessed in a stale of nature, to
enforce the performance of obligations of a perfect sort, having,
by their entering into the social compact, been surrendered to civil
society, constitutes its executive power, and is, unless otherwise
disposed of by fundamental law, regulated by legislative pres¬
criptions. It may be denominated the force of civil society, and

193

U mediately or immediately under the direction of its understand-
i n (r The discretion, which in a state of nature, was associated
with the power exercised by individuals in the enforcement ot
perfect obligations, having been surrendered by the compact with
that power, to civil society, constitutes the general understanding
of the society, and is denominated its legislative power; and us,
in a state of nature, it presided over, and directed the exertions
of individual power, so in civil society it presides ov er and regu¬
lates executive power. The sovereign power of civil society, is,
by many jurists, divided into legislative and executive. 1 lie
power which others denominate judicial, is by them assigned to
the executive department. The civil power of the state of Ken¬
tucky, has by its charter been assigned to three distinct bodies
of magistracy 5 the legislative to one, the judical to another, and
the executive t© a third. Neither is to exercise the power prop¬
erly belonging to the other. The legislative, in Kentucky, as in
all civil societies where it exists, is the ascendant power. It is
limited only by the restraints upon its exercise, which are to be
found in the constitution. By that instrument, it is constituted a
checkupon the other department; they are amenable to the le¬
gislature, and the members of the legislature are amenable to
the people, the legitimate source of sovereign power; hence the
right of the legislature to enquire into the decision which pur¬
ports to vacate legislative enactments, and to secure the legisla¬
tive province from invasion from that quarter.

If the sentiment be correct, that the laws of nature arc not le-
pealed or vacated by the social compact; but recognized and
more explicitly defined and promulgated in a state of civil socie¬
ty, than they were in a state of nature; and if if he true, that law
imposes on'those to whom it is prescribed, the obligation of con¬
forming to it; then it would seem to follow, that the obligation of
a contract between two persons in a state of nature, is deductible
rather from that law of nature, which proclaims to man the neces¬
sity of complying with his just contracts, than from the right,
which by the same law of nature, the other party to the contract
has to exact by force a compliance with it. The obligatory torce
of the law upon the contracting parties, results from their freedom
of agency, from their having as free agents deliberately assented
to the contract, and from the necessary influence of volition upon
the destiny of free agents. Besides, that man should be bound by
the contract to which he has freely assented, is, even in a state of
nature, necessary to the enjoyment ol that social intercouse for
which he was evidently formed, and of that happiness for which
his organic conformation and intellectual endowments so eminent¬
ly qualify him. His perfect obligation, therefore, to comply with
such a contract, may surely be more fairly inferred from these con¬
siderations, than from the consideration that a compliance with

194 JOURNAL OF

U, might be exacted by the use of violence. Again, the right to
use violence for its enforcement is obviously corrcllative to the ob¬
ligation, and presupposes its existence; for it there did not exist a
perfect obligation, there could exist no right to exert violence, (as
in the case of the imperfect obligations of benevolence and grati¬
tude.) I here would be nothing on which to predicate the right to
use it. Thence it would seem obvious, that the right to use vio¬
lence to enforce a perfect obligation, did not, even in astate of na¬
ture, constitute that obligation, but resulted from it, in its pre-exist¬
ing state.

Let a case illustrate the doctrine: B, a hunter, is about to com¬
mence an expedition in pursuit of game. C, a trapper, has furs on
hand which he is willing to exchange for skins. B needs the furs;
they are necessary to his comfort during the expedition which he
contemplates; but he is not in possession ofthe skins required by
C, in exchange for them. C lets him have the furs, upon a con¬
tract that they are to be paid for in skins, when he returns from
the contemplated expedition in which he expects to take them. B
returns from his hunting expedition; has been unfortunate, and is
unable to pay the skins; the time for their payment has expired.
The obligation to pay them, is of the perfect sort; C has a right
to exact reparation by violence. Does the right ofC to use this
violence, constitute the obligation of B's contract, or, does it re¬
sult from the violation ofthe obligation ofhis contract? Most ev¬
idently from the latter.

Again, although C has a right to exact reparation by violence,
is he bound to do it instantly? May he not, if he pleases, indulge B
until he makes another hunting expedition, and if he should not be
successful in that, another and another, until (he skins can be obtain¬
ed? And can his doing so be forbidden, either by reason or the
charities of the human heart? Would it not, on the contrary, have
the sanction of both? Let it be supposed that a contract analo¬
gous to the one just stated, has been entered into between two
members of civil society. The obligation of the contract would
not be less valid in the civil than in the natural state. But the
right which the obligee had by the law of nature, to exact perfor¬
mance or reparation for non-performance by violent means, or to
extend indulgence at his discretion, belongs, by the social compact,
to the civil society of which he and the obligor are members.
The understanding and the force of civil society, which consti¬
tutes its legislative, judicial and executive power, is composed
solely of this right of indulging or of exacting by instant force, the
performance of the perfect duties, which existed amongst men in
a state of nature, but which they surrendered, when they became
members of civil society.

In the case put between B and C, it cannot be asserted that it
was incompetent for the latter to indulge the former. It must be
admitted, that it w'as even reasonable and prudent in him to do

THE SENATE. 195

so; and if it was not only competent, but reasonable and discreet in
him, to forbear force anil extend indulgence; can it be contended
that civil society, whose legislative and executive remedial power,
consists of the very faculties which were competently, and with
approbation, exercised in the former case, cannot exercise it in
the latter?

Let it not be forgotten, that the violence which the obligee
may, by the law of nature, exert to enforce a contract, is dis¬
cretionary with him. He may exert it at any time, or in any
manner, (not forbidden by the same law,) his judgment and dis¬
cretion may dictate, upon a deliberate view of the condition ol
his debtor, of the efforts he has used, and the means he possesses of
making payment. And is the understanding of civil society less to
be confided in, as regards the exertion of its force in obtaining the
performance of contracts, or reparation lor their infraction, than
that of individuals in a slate of nature? If so, civil society should
dissolve itself, and revert to a state of nature. The social com¬
pact implies an obligation, on the part of the sovereign, to provide
for the administration of justice by remedial enactions. But as
all, and each of the members of civil society, are equally interest¬
ed in its well-being and prosperity, each stands obliged to claim
only that justice, in his case, which may be afforded by the sov¬
ereign, compatibly with the justice which is due to each and all
the other members of the community. Justice, therefore, is not,
and cannot justly be administered in any particular case, without
due regard to the condition of society, and the infinitely ramified
relations inseparably connected with it, and the just claims which
result from those relations. Civil society, however numerous its
members may be, must, in the administration of justice, or, which
is the same thing, in the enaction of remedial laws, be considered
a homogeneous mass, and nothing can be justly done in relation to
any part , which inflicts injustice upon the whole.

That contracts should be made, and credit extended, is accord¬
ing to the law of nature. The only dowry with which Heaven
ushers mortals into existence, is their intellectual and muscular
powers. These arc bestowed in association with the mandate,
that they are to be exerted in accordance with the laws of nature,
or the laws of society, which are the same, in achievements ncces-
sarp to human comfort, and conducive to social happiness. Each
individual, to obtain subsistence, must anticipate his energies.

5 X

JOURNAL OF

sanctioned hy the laws of nature, and of course by the laws of
civil society. But credit is moreover essential to enterprize, and
enferprize is essential to prosperity, individual and social.

Now, to prove that the Legislature, in its remedial enactions,
should regard the relation sustained hy the individual litigants, to
the other members of society, and the interests, prosperity and
happiness ofthe whole, in connexion with both, the following case
is put: B, an enterprizing citizen, has, by his industry and skill,
acquired property of the value of $5,000; in the view still to in¬
crease his fortune and improve his condition, he obtains credit
with C, D, E. F and G, and becomes indebted to each $500; he is
about to engage in a laudable enterprize', which promises flatter¬
ing results, with which lie makes them respectively acquainted;
he hazards in the enterprize hut half his fortune, reserving the
other half as a reasonable competence for the sustenance of his
wife and children, in the event that his enterprize fails; a sudden
change takes place in the condition ol society, or his vessel sinks
in a storm, whereby the $2,500, and his anticipated profits upon
it. are lost; a sudden diminution or retlux of the circulating me¬
dium takes place; he is unable to pay his five creditors; the time
for payment has elapsed; C, the first of them, is about to com¬
mence suit for his $500; but the remaining half of his fortune will
not. at an instant, forced sale, pay more than the amount ol C s
debt, such is the changed condition of society and of things; but
if time were afforded him, he could, by his industry, enterprize
and skill, he enabled to pay each ofthe five the amount due him,
and have a little residuum for the support of his wife and chil¬
dren. Iiis case is but a sample of the general condition ofsoc iety.
The change of things has affected all, or at least a great majority
of the community, in something like the same way. What should
be done? Ought not civil society so to change the remedial sys¬
tem, as to suit it to the changed condition of society? Or ought
the existing system, which had in its enaction been suited to the
moss happy and prosperous state of things, to be retained, as the
instrument of ruin and oppression; as the instrument, in the case
put, of fraud upon the remaining four creditors of B, and of his en¬
tire ruin? Would the four creditors, in a state of nature, have
permitted C to swallow up the total of B s property, in the pa)
meat of his debt, and leave them unpaid, and without the hope or
being ever paid? Ought they to have done it? They would not,
they^ought not. They would have constrained C to unite with
them in Indulging B, to an extent that would have saved all then-
debts, and left him under the cheering influence of hope, And
what they would not, and ought not to do, ought civil society to

Montesquieu lays it down as political orthodoxy, “that laws
should be relative to the nature and principle of the government;

' ' -‘Wj-

THE SENATE. 197

(hat they should be relative to the climate of each country, to the
quality of its soil, to its situation and extent, to the manner of living
of the inhabitants. They should have a relation to the degree of
liberty which the constitution will bear; to their inclinations*
riches, numbers, commerce, manners and customs,’ &c. The
foregoing are laid down as the great principles of judicious legis¬
lation. They are illustrated and established, throughout his
Spirit of Laws, a work which, by rescuing the science of govern¬
ment from the obscurity in which ignorance and superstition had
involved it, conferred immortality upon its author.

The principle of a republic, is virtue; of a monarchy, is honor;
and of despotism, is fear. Strange, that in a republic, the appel¬
late court should have selected fear , the principle of despotism, as
the motive to duty! But if the new doctrine be correct, th.e legis¬
lative power cannot be exerted in the enaction of laws, relatively,
or suitably to the condition of society. Civil society must enjoy an
•fexemplion from the vicissitudes to which the Destinies have sub-
Ijected the affairs of individuals, and of empires, or it must submit
to the unmitigated rigor of those vicissitudes. Its condition in
peace and war, in plenty and scarcity, health and disease, must
remain the same. If the plague, the leprosy, or the small-pox,
were to visit society, no law could be passed, providing for the
Segregation oflhc unhappy sufferers. It would be in violation, it
niay be supposed, of the obligation of the social compact. It
would at least be an alteration of the existing laws in relation to
social intercourse. The remedial system must remain the same,
or it must, in the progress of its duration, be involved in inextrica¬
ble perplexity; for it can only be altered prospectively.

But such has not been the understanding or practice of men, ei¬
ther in a state of nature or of civil society. The polished mem¬
ber of civilized and refined society is. and must, according to hu¬
man destiny, he alike ignorant of future events, with the rude, un¬
tutored child of nature. The latter takes shelter in the nearest
cave, from the impending storm; nor is he at all conscious, that
his obligation to escape the storm, consisted in the shelter afford¬
ed by the cave, from its ravages; hut he is very conscious, that if
he were to intermit his pursuits, and remain in the cave during
the calm which succeeds the storm, in the view' to be availed of
the same remedy against the like evil, he w'ould have to expiate
his folly in doing so, by his wants and his sufferings. Nor will he
have lived long, before he will have learned, that although the
seasons and their order of succession are fixed by fundamental
law', yet that the weather in each is changeable and capricious;
and that, although he may predicate the plans of his life upon the
fixed and stable succession of the seasons, yet his labor must be.
often intermitted, and his plans thwarted, by the irregular changes
of the weather in each season, which, not being able to foresee,

198 JOURNAL OF

he could not guard against. He will learn from the volume of
nature, what the Christian learns from that of inspiration, that

the wind bloweth where it lisleth, and that whence it cometh or
Ho man knows. He will learn also, that clouds
and storms of a desolating character, are often associated with its
current; and he will find, that the happiness at which he aims,
will be promoted, not less by his exertions to mitigate the
effects of adverse and unforeseen occurrences, than by any ef¬
forts he could use, of a preventive or cautionary sort. All this will
be learned alike by the member of civil society, as by the child of
nature. Experience will have taught both; and the member of
society will get to know, that the adverse occurrences to which he
is liable in the civil state, are not better guarded against by the
fundamental law of the civil constitution, than are the irregulari¬
ties and caprices of the weather, by the stability of the seasons;
and that refuge is to be found alone, in the wise exercise of that
remedial power accorded in the constitution to the legislature.

What is human life, but an irregular series ofremedial efforts,
enjoined upon mortals by the resistless propensity of their nature,
to ameliorate their condition? And does not reason sanction these
efforts?

But why, it maybe asked, vrere not the States, upon the forma¬
tion of the constitution of the United States, melted down, and
their existence abolished, if the doctrine be correct, that they can-a
not suit their remedial system, by varying it, to the varied condi-l
tion of society ? If one unaltered and unalterable system of laws!
was destined to regulate, in perpetuity, the concerns of thepeoplel
of the republics of America; if the people in the State of Maine,!
and of Georgia, and of all the intermediate States, however differ-J
ent in manners, customs, pursuits and inclinations, inhabiting dif-l
ferent soils, and influenced by different climates, could flourish and!
prosper under the same unvaried remedial system, why the afflict-!
ing expence of sustaining twenty-four different States, with the I
legislative, judicial and executive machineries of sovereignty! I
Why, under this hypothesis, are they taunted with the mock linea l
ments, contexture and aspect of sovereigns, when in very deed they!
are dwarf-vassals? Are the principles laid down by Montesquieu,!
vapid and illusory; and were the patriots who achieved the inde-1
pendence of the American States, and formed their respective con-1
stitutions, and that of the United States, deluded into the errone-l
ous belief that those principles were correct, and had been verified I
by the experience of past ages? Were they mistaken, when they!
believed that Heaven had not assigned geopraphical limits to the I
potential extent of republican government; that all attempts,I
therefore, at its extension, had been abortive, only because in its I
spread it had not carried with its expansion the power and the I
machinery of local legislation? And were the State constitution? I

whither it goeth

coil!

Can

min

mer

Are

mer

199

1 TIIE SENATE.

jrmed, and the power of local legislation reserved in them to the
espective States, in the same mistaken views? And was it reserv-
d for the Judges to detect and proclaim the error; to ascertain
hat the great rules of right consist alone in the remedy; that the
nly obligation of a contract consists alone in the power to enforce
t, which existed at the time it was made; to proclaim and enforce
the a doctrine which unnerves the legislative arm, paralizes its power
ef. A" 1 * throws it into a state of helpless inaction, of chemical lixa-
vill Hi°n?_

of ■ It is not unfair, when a doctrine so novel, and so extensively op-
• 0 ff| erative, is about to be propagated, to dwell a little apon its proba-
hc lie political effects. The governments of the United States and
the ] of file States, are, it must be acknowledged, dependent, for their
iri- Hxistence and duration, upon the mil of the good people who colo¬
ns; pose them. This dependence is settled by fundamental law. In
batl <] ac h constitution the people have reserved to themselves, as an in¬
defeasible right, the power to alter, amend or abolish the form of
rtsj government thereby established. The will of men is very much
re, influenced by their feelings and their affections. Their affections
sse and their feelings have much to do in the formation of their opin¬
ions. The strength of these governments happily depends, not
na- upon any system ot physical force, contrived for their invigoration;
ndj but depends upon, and consists in the affections and wall of the
an- people wdio compose them. The right of suffrage throughout the
di- States, with but few exceptions, is, as it ought to be, unqualified;
.wsl consists alone in the unhampered exercise of matured discretion.
plc»an it, therefore, accord with correct political principles, to di¬
ne. cninish or to alienate the affections of the people from their govern-
er- mcnt ) demanding of them “brick, and denying them straw”?
lit e not the affections of the people the anchorage of the govern¬
ed I naent? Let it not be forgotten, that the affections of a people will
ct- always be found flowing in the channels of their interest.

;he , Let this argument be illustrated by example. The staple of the
tv'H||- a tc of Louisiana is sugar; that of the State of Mississippi, cot-
ea- tou ; that of Ohio, flour; and of Virginia, tobacco. It has been
ej already stated, that credit is necessary to individual and social
ju, P ros pcrity; that man, to advance and prosper, must anticipate his
Je- energies, which can only be done by the exercise of that confidence
an- ' v “ich is essential to social intercourse. The sugar planters in
ie-| Louisiana, the cotton growers in Mississippi, the farmers of Ohio,
cdl alK " 1C planters in Virginia, may, in every year, anticipate their
ejl crops, respectively. Anticipation to that extent, is not only al-
h e jowable, but justifiable. Each confides in the Heavens, its dews,
<ts, rains and its sunshine. Its general course has been kindly,
its! and invited confidence to that extent. But unexpectedly, a frost
he nips the cane, defeats the hopes and blasts the crop of the sugar
irsfS Planters, who compose the mass of the stable population of that

-goo JOURNAL OF

State; the weavel, the fly, or the rust, invades and desolates the
■wheat crops in the Stale of Ohio; the rot or the frost visits and.
destroys the cotton crops in the State of Mississippi; the worn- be¬
sieges and destroys the grow ing tobacco in Virginia, and the ar¬
mor worm marches across the plains of Kentucky, and desolates its
fields and its meadows. The existing remedial systems, m these
several States, were enacted in auspicious times, and suited to
their prosperous condition; to the habitual kindness ol the Heav¬
ens. What is to be done? Shall a single unseasonable frost in
Louisiana, subject the sugar plantations of that State to instant
sale under the hammer, and their proprietors to ruin? Is there
no remedial power ill that State, which can be exerted by its legis¬
lature, to avert so great a calamity? Is the sovereign remedial
power of Virginia to be vanquished by the tobaccp worm? Can
the armor worm conquer the State of Kentucky, and disarm it ol
its remedial energies? And must the legislative remedial pow cr
of the great State of Ohio, yield to the force of the feeblest and
most contemptible insect tribes? The effects .of a late frost, or of
a long protracted rain, upon the cotton of Mississippi, must re¬
main alike remediless. ' And must the good people of these States
be told, that there exists no power in their governments to solten
the rigor of these visitations — visitations which, if they cannot lie
softened by remedial enactions, must eventuate in the ruin of the
o-reat body of the stable population of these States, and in the
alienation of their affections from that government, by the stern¬
ness of whose indifference to their calamities, they will suppose
themselves to have been destroyed? They will have been made,
from good citizens, in whose affections the government had its best
anchorage—an anchorage guaranteed by all the domiciliary sanc¬
tities—enemies to their government, adventurers, ready to hock to
the standard of experiment or revolt. 1 hey may gain; they can¬
not lose. They have lost their homes, their fire-sides and their al¬
tars, with which their patriotism was identified. I hey had a gov¬
ernment, they had a country; they have now neither, they have
both to seek. The force with which David subverted the empire
of Saul, was of that description. “ And David therefore departed
“ thence, and escaped to the cave Adullam, and every one that was
“ in distress, and every one'that was in debt, and every one that
“ was discontented , gathered themselves unto lum, and he became
“ a captain over them,” &c. (1st Sami. chap. 22d, y. 1, 2.) Inc
dangerous impolicy of the doctrine, ought not, it is believe , 0
have been without its weight with the judges, when they were ad¬
vancing by construction to its establishment. _ . .

The power of enacting remedial laws, is not indeed denied in
terms to the legislature; they are permitted, say two of the ju<_g‘
es, to enact them prospectively; but in the en-yis just put, ai d in¬
deed in all the cases in which, to avoid public qgjaniity, the exercis

THE SENATE.

201

of the remedial power would be necessary, or could be useful, it
must be exerted in mitigation of the influence of unforeseen and
unexpected events, upon existing contracts. The power accord¬
ed by a majority of the judges to.the state, never could be wisely
exercised in relation to those upon whose contracts it would ope¬
rate; they would have been made with such a knowledge of the
existing pressure; as would not entitle those bound by them, to
exemption from it. To say to a great portion of a community,
who had become indebted by a reasonable anticipation of their
resources, and were about to be ruined by an unexpected revo¬
lution in the state of affairs, that the rigor of their condition could
not be alleviated ; that the sovereign power of the state could not
be exerted to soften it; that their calamites, although unexpected,
and of a character that prudence could not have averted, must
be borne, if it should even grind them to dust; that the reme¬
dial power of the state could only be exerted prospectively—ex¬
erted so as not to benefit or save them, but to benefit and save their
creditors, and speculators, who might grow rich by their irreme¬
diable ruin: For a state thus to speak to her afflicted citizens,
would be ungracious at least, as it related to them, and somewhat
humiliating, as it related to herself. The power accorded by the
judges to the legislature, is the power of enacting a remedial
system in times of great public calamity, not for the purpose or in
the view of saving the citizens of the slate from ruin by its pres¬
sure, but for the purpose of being used, when calamity, its caus¬
es and effects, shall have passed away; that is, whenitwould
be inappropriate, and would not be needed. It is not, therefore,
unworthy of remark, that the permission conceded by the two
Judges to the legislature, to enact remedial laws prospectively,
is in effect; in consonance with the opinion of the third Judge,
which denies to this department, the power to enact remedial
laws. For having denied the exercise of it to the states, in the
only cases, and under the only circumstances in which there could
exist a motive to exercise it, their permission of the power, where
it would be inexpedient and even silly to exercise it, can be
neither more nor less than a disguised denial of it. It is, to say
the best of it, giving to the people a stone, when they ask for
bread.

But there arc other aspects of the opinion, believed to be irre-
concileable with principles of political orthodoxy. It is of the
essence of sovereign power, that there shall exist no restraints
upon its exercise, other than those imposed by the laws of its ex¬
istence; that it shall know no restraint upon its exercise, which is
not found in fundamental law, or in its own discretion. When,
therefore, it is restrained from action, or restricted in its agency
by any other cause or power, it ceases to be sovereign, and ac¬
knowledges the power by which it is restrained, to be para-

2 A

202 JOURNAL OF

mount. The restraining power must, in the nature of things, (so
far at least, as it relates to itself and the power restrained,) be
sovereign; and the power restrained must, on the same principles,
he vassal. According to the opinion of the court, any two citi¬
zens of the state, may, by contract, oblige the state to retain the
remedial system existing at the time of its date, until it shall please
the one or the other to resort to the forum, for its enforcement,
or for reparation for its infraction. Though the contract he ex¬
ecutory, and not to be performed for twentyj or even thirty years
thereafter, if the state shall, in its advancement in science and re¬
finement, have found it necessary to repeal the system, the repeal
is to go for nothing, as it relates to creditors by contract anterior
to its repeal. They will have the right to exact from the state a
recovery of their claims, according to the long since exploded,
and perhaps forgotten system. It is not less a rule of law, tiian
of good sense, that a law by its repeal goes into non-existence,
and cannot be afterwards efficient; that all proceedings depend¬
ing upon a law at the time of its repeal, fall with it, unless there
be a saving in the repealing statute in their favor. But this rule is
reversed by the decision, and a repealed statute is either not re¬
pealed, or it is re-enacted by the court. Either the state have not
the power to repeal it, in relation to creditors of that description,
or the court has the power to re-enact it, in their favor. But not
only have any tw r o citizens of the state, this control over the
sovereign power which it possesses, but any two, of any state, na¬
tion or kingdom, have the lfke power; so that the sovereign legis¬
lative power of the state, may be exerted in the alteration or a-
mendment of its law’s, sub ject to the supervision and control of credi¬
tors, alien or domestic, civilized or savage. This limitation upon
the exercise of legislative power, cannot be viewed in any other
light than as a courteous denial of it. For when it is considered
that the relation of debtor and creditor is one of continuous and
unceasing recurrence, throughout the societies of the civilized
w'orld; that the same person is almost always debtor, as well as
creditor; that the same persons are debtors, as well as creditors,
under contracts of different dates, and of all possible modifica¬
tions; the relation of debtor and creditor will present itself to the
view of intelligence, as a fiducial stream, which, like the natural,
consists of confluent globules, incapable of separation, for any
useful or practicable purpose, within the scope of legislative pow¬
er; for society never can be divided into two classes, the one
debtor, the other creditor. The waters of the ocean might as
readily he divided, the salt, from the fresh.

Each of the Judges condescends to notice, in the division of
the subject, the constitution of the state; but each seems to have
extracted enough, by the process of construction, from the
10th section of the 1st article of the constitution of the United

THE SENATE. 203

State* to vacate the State laws, and to invalidate the power em¬
ployed in their enaction. The third Judge does indeed invoke
to the aid of his construction of that section, the ephemeral effli-
sions of the revolutionary period of the American history, not ex¬
cepting even the querulous ebullitions of foreign ministers, but
neither condescends to show, by reference to, or comment on the
provisions of the State constitution, that his construction otthedpr-
mer is in harmony with, Or is supported by the latter. The 13th
section of the 10th article of the constitution of the State ot Ken¬
tucky, is the part of that instrument to which they are presun.ee to
have alluded. It is in the following words: “ That courts shall be
open, and every person, for an injury done him m his lands, goods,
person or reputation, shall have remedy by due course of law, and
right and justice administered, without sale, denial or delay;
which should be considered in connexion with the 14th section,

which immediately follows it, and is in these words: ‘ 1 hat no
power of suspending laws, shall be exercised, except )J ie
laturc or its authority.” These two clauses are evidently and

emphatically addressed to the judiciary. By the first, the duty oi
administering justice by the due course of law , without sale, denial
or delay, is enjoined upon the judges. They are not to make laws,
or repeal laws; but are to administer justice according to the laws,
by due course of law. The laws enacted by the legislature, are to
form the rule of decision. They cannot repeal or suspend them ;
thev must conform to them in ail their adjudications, unless in¬
deed the laws are obviously and palpably unconstitutional, but
the Judges have, in this case, not only repealed the laws ot
their State; but they have repealed the 14th article, last above
quoted, of the constitution of their State. They have, moreover,
re-enacted laws which have been repealed ; and two of them have
invested themselves with this power by elaborate and length) dis¬
quisitions of an abstract and metaphysical character. he m
is as blunt, as he is bold, in the vacation of the laws of Ins State.
But ought they not, it may be asked, to have displayed, ini the
process of their construction, some regard to the opinions of the
sages and patriots who have spoken and acted on this subject .
Was the judgment of the Convention who formed the State consti¬
tution, and of the Congress who explored it, and admitted Ken¬
tucky into the Union as an independent Slate, upon the con Mo¬
tion that her constitution was not incompatible with that of the
United-States, strengthened, too, by the approving intellection ot
the State, under the most solemn sanctions, in its practical expo¬
sition, during a period of twenty-four years, unworthy of their re¬
gard? Should these considerations have been lightly considered .
Should they have weighed nothing with the Judges, especially
when they were travelling the devious path of dubious construe-

204

JOURNAL OF

tion—a path for which they had left the well beat and long trod-
den highway? b

In the formation of the State constitution, the best, the most ex-
pei ienced intellect ot Kentucky was employed. The members of
the Convention had before them the constitution of the United
States. They were invoked by their own interests, their own
rights, by the interests, prosperity and rights of their offs pi in o-
and of posterity, by all the solemn considerations which are asso¬
ciated in the human mind with the blessings of civil liberty and a
republican, tlie best form of civil government, to explore well the
ground which they occupied, and so to define and establish the
rights of Kentucky, that they might co-exist, harmoniously, with
the pre-established rights of the United States. And can it be
supposed, that the discovery now made by the three Judges, es¬
caped, not only their research, but the research and observation
of the Congress of the United States, by whose solemn act the
constitution of Kentucky was approved, and she thereon admit¬
ted into the Union? How did it happen, that this discovery was
not made by these Judges, or their predecessors, during the last
twenty-four years? How happened it, that the enlightened State
of \ irginia, has been violating the obligation of contracts, since
the year 1748, and that none ol her judges and statesmen had (he
acumen to discover it? How did it happen, that all the States
committed the liice violation of the obligation of contracts, during
the pressure occasioned by the embargo, and that occasioned af-
terwards by the war, in their remedial enactions, and that there
was not discernment enough among the American people, to make
the discovery and proclaim the wrong? Were the discoveries of
their wisdom stifled by the impulses of their patriotism, during
those trying junctures; and was it therefore reserved to the appel¬
late court ot Kentucky, to promulgate the discovery at this time,
when (he practical utility and intrinsic strength of’the principle
mig.it be displayed in the instant prostration of a remedial system
which the legislature of the State, under (he illusion that it pos¬
sessed the power, had, by a series of successive annual enactions
accommodated to the condition of embarrassment into which the

people had been unexpectedly thrown, by causes not within their
control?

It is true, the United States’ Bank did not exist, during all the
ime referred to, in that almost boundless amplitude of dimension,
m which it has seemed latterly to have been arrayed, on the part,
and under the fostering care of the national courts, against (he
a Cs. t hat is a monied institution, and (as money is power) of
course an institution of power commensurate with its capital.
Jls motto is, ‘ I ay me that thou owest me.” A rigid punctuality
but ill according with the agricultural habits, and varying condi¬
tion and resources of most of the States) is exacted by that insti.

the senate.

205

tution From it, therefore, such an exposition of the 10th section
of the l«t article of the constitution, as would, by paralysing the
sovereign power of the States, remove all impediments to its op¬
eration; according to the laws of its nature and contexture, might
have been expected. It is formed to. prosper only by the metalic
punctuality, which it enforces with remorseless rigor. Its doc-
triues and faculties are favorable only to commerce, and to com¬
mercial societies. , . . ~ ,

It is not intended to be intimated that the decision was formed
under any conscious influence from that quarter. Impuiit) of
motive is not ascribed to the Judges ; but, as the consequences ol
an erroneous opinion maybe as injurious to society as a corrupt
one, society is under no more obligation to submit to a palpably
erroneous opinion, if it be extensively and radically injurious,
than to an obviously corrupt one; although it may be believed
that the Judges who delivered the former, are, a§ in this case, in-
capable of the latter. When error, associated with purity of mo¬
tive, emanates from the judicial department, the question should
be, can it be tolerated compatibly with the great and substantial
rights and interests of the community-? It it can, it should be con¬
nived at; if it cannot, it should be combatted and refuted; at
least, it should be denied the power of propagating itself. 1 he
decision, to say the least of it, is believed to be of that character.

The suppositson, that the remedy alone constitutes the obliga¬
tion of a contract, is predicated upon an entire want of confi¬
dence amongst men; upon the extinction in the human heart, not
only of all its honorable and honest sensations, of all its love of jus¬
tice, and of all its charitable impulses, but of all its social tenden¬
cies; a predication at war with the first principles of civil govern¬
ment. Confidence is the principle of cohesion in society. Its
function in the moral region, is analogous to that of gravitation m
the natural. It is the offspring of the social, selfish and religious
tendencies and bias of human nature. The decision takes it for
granted, that in all contracts, the parties, instead of confiding in
the honesty, capacity and punctuality of each other,confide alone
in the power of the government, as displayed in the existing re¬
medial laws, to coerce performance; that is, that every contract is
made, not only with the knowledge on the part of the creditor,
that it will be violated, but with the intention, on the part of the
debtor, to violate it; and of course, that the creditor contracts for
the purchase of a law-suit, in which lie holds the State bound to let
him have the very identical law for which he contracted; the law
which he purchased from his debtor, and for the payment ol which,
in kind , the State was bound as his security. The tendency of such
a doctrine to demoralize the people, its anti-social and degrading
tendency, must be too obvious to require illustration. 1 he old
maxim, “ that the law abhors a multiplicity of suits, ’ is reversed

206 JOURNAL OF

by this decision ; and the rules and the legal machinery of litiga-
tracts^ 6 madC neg0tmble ' and Proclaimed as the obligation of con-

I here is a striking peculiarity of doctrine proclaimed by the dc-
cision, which has not been yet noticed; and that is, that the exist-
mg shape of the remedy at the date of the contract is binding up¬
on the debtor, and upon the state, but not upon the creditor. b He
may at his option, vacate or affirm the law altering the remedy,
which constituted, according, to the decision, the obligation of his
contract, on the ground that it is unconstitutional and void; yet
the law which is thus void, absolutely so, shall be valid, if he shall
so choose ; and though absolutely void, shall bind the debtor and
ins secunty in a replevin bond, taken under it, until the creditor
, deign to indicate his will to the contraiy. If a contract
shall be made when the law allows a replevy of three months; a
law repealing that, and allowing a replevy of twelve months, is
unconstitutional and void, if the creditor shall so choose, and his
debtor must be subjected to instant execution. He cannot replevy
for three months, because the law allowing that length of replevy
has been repealed. He cannot replevy for twelve months, be¬
cause the time fixed in the remedy which existed at the date of
the contract was three months. Its repeal was not unconstitution¬
al and void, as relates to the debtor; because, say the court
gravely, its repeal is beneficial to the creditor. If the law allowing
a twelve months’ replevy be repealed, the debtor upon a contract
made during its existence, cannot be availed of its provisions- be¬
cause say the court again gravely, its repeal is beneficial to the
creditor. *

T he old doctrine of the law, of reason and of philosophy, that
it is o the essence of a contract, that it be mutual and reciprocal in
its obligation; that it be binding upon both ,.or upon neither, is re¬
versed and vacated by the decision, which seems throughout only
to require that the debtor shall be bound to the creditor.

but if time bean item of any importance in a contract, and
the remedial;system cinder which it is made forms the total ofils
obligation, then an abridgement or abolition by the legislature, of
toe length of replevin to which the debtor was entitled by law at
t.ie date of the contract, must, according to any fair reasoning, be
as unconstitutional and injurious to the debtor, as its enlargement
or prolongation would be to the creditor. The alteration of the
time either way, must be valid or void, as to both or neither. If
the creditor contracted in the view, not of being paid by the time
stipulated in the contract, but the time stipulated, or rather desig¬
nated m the remedial law, then the debt is evidently not due, mi-
1,1 the expiration of the time designated in that Jaw.

But this new doctrine is either not well understood by the court,
or they have been unfortunate in the devclopement of it. While

THE SENATE.

207

they say that the existing remedial system forms alone the obliga¬
tion of contracts, they say that the law establishing the courts,
and arranging their sessions, is no part of the remedial system;
and therefore, they permit the legislature to alter the judicial
system at pleasure; to increase or diminish the number of terms
or sessions in the year; to reduce them to one in the year or one
in two years , without impinging upon the constitution of the Uni¬
ted States! And why is not this law arranging the courts, a
part of the remedial system? Let the Chief Justice answer: “Be¬
cause the obligation of a contract consists in the remedy , and notin
the court which administers the remedy; and that, though the
courts may be altered, or the times and places of holding them may
be changed, the remedy will be the same. It is true, that the
remedy will he thereby affected; but that can only result as an
indirect or collateral consequence.' 5 One would suppose, that the
parties, when forming a contract, would not, at the time they
were contemplating the remedial system as the obligation of
it, be so entirely abstract as to overlook the Judges and their
agency in the enforcement of it. They would be apt to consider
them as the chief actors in the remedial drama. To consider the
remedy as the obligation of a contract, without considering the fo¬
rum, or the judicial system, according to which it is to be adminis¬
tered,is marvellously abstract. It is to suppose that a violent fever
may be reduced by the contemplation ofthe lancet,without its actu¬
al use in venesection; that the remedy for the disease consists in the
theory ofthe healing art, and that the presence and agency of the
doctor in the actual administration of medicine, constitutes no
part of the remedy; that it is alike indifferent to the sick man,
whether he shall be visited once, or three times a month, by the
physician. His visits and agency are but indirectly and collater¬
ally connected with his cure, or rather with the remedy which is
to produce his cure. The doctrine, that the judicial is no part
of the remedial system, is one upon' w'hich courts may be dispen¬
sed with altogether; for if their presence and agency is no part of
the remedy, and the remedy constitutes alone the obligation of
the contract, then their presence may be dispensed with alto¬
gether, without impairing that obligation.

The Judges were driven to the necessity of asserting that the
judicial was no part of the remedial system; for if they had ad¬
mitted that the judicial formed a part of the remedial system,
then, according to their own theory, if the Legislature should or¬
dain that there should hereafter be but one, in place of three
terms of the court in each year, it would be competent for the
creditors in all existing contracts, to order the courts to sit three
times in each year, and we should have four in place of one term
in every year; three ordained by the creditors and one by the Legis-

208

JOURNAL OF

laturc. 1 lie Judges would then also, alike with the Legislature
be under the control ofcreditors.

But this is not the sense in which the great body of the comnw
nity lias viewed this matter. They consider the remedial ma¬
chinery and agency of the government, as the life and soul of the
remedial system. They believe that the essence of the remedy
consists mainly in its practical application; and that it might as
well not exist, as exist, and not be administered.

The farmer knows that the remedy for the Weeds which infest
hi? (ieldsj is notin the plough, the hoe and the team, but in the sea-
so liable use and application of them; and that his crop is not to be
atlected indirectly and collaterally only, if he uses them but once,
iri place of three or four times during the season. But if he shall
have experienced, by providential visitation or otherwise, a loss
of a portion of his team or a diminution of his laboring hands, he
will' be constrained to use the plough and the hoe less frequently
towards the extermination of the weeds, than he had inclined or
intended to do, or would have done under more prosperous cir¬
cumstances.

But there is an obvious distinction in the nature of things, be¬
tween right and remedy. The laws Which relate to right, enter
into and form an essential part of the obligation of every contract,
and cannot be altered without impairing it; the laws of remedy,
are in the breast of the legislature, and may be altered or amend¬
ed as its discretion shall direct. This has been attempted to be
shown, (it is hoped successfully*) by inferences drawn from first
principles. It will now be considered upon the ground of author¬
ity. The first case referred to, will be found in 1st Bibb, 561 - 9 .
It is the opinion of the appellate court of Kentucky, composed of
Justices Bibb, Boyle, Wallace and Trimble. It is in the follow¬
ing words:

u Upon the propriety of the remedy by petition and summons in
this case, notwithstanding the specialty was given previous to
the statute, we can have 710 doubt . The statute is general as to
the description of direct debts, whether they have commenced be¬
fore, or shall exist after the passage thereof. The statute does
not change the esse/ice of the contract; it is the mode of recovery
only which is changed. If the proper distinction is observed be¬
tween those laws which have reference to the essence, nature, con¬
struction or extent of the contract, and those which have reference on¬
ly to the i7iode of enforcing tile contract, the question will be plain.
The lex temporis must be regarded in giving a decision upon the
essence and nature of the contract. The laws existing at the time of
scekmg to enforce the contract, must govern and determine the kind
of suit which may be brought. The means afforded by the laws
lor enforcing a contract in case of breach or non-compliance, make
no part ol the contract. If the parties to the contract act in good

THE SENATE.

209

laith, they intend to perform the stipulations, and therefore can¬
not he supposed to have stipulated, jor dilatory proceedings, in a suit
the contract. The modes of bringing suit, and of ex-
and make no part of the contract itself,
the essence of the contract. So the forms oi
at this time or at that,

for enforcing

ecution, are distinct from,

They do not enter into

suit, and of execution, in our own country,
make no part of a contract at the one time or at the other, and the
legislature areal liberty to adopt this or that mode oi enforcing
contracts, which the circumstances of the country may suggest as ex¬
pedient.'’

This doctrine was afterwards reiterated and affirmed by the
same court, in the case of Rearden vs. Searcy’s heirs, reported in
2d Bibb, 202-3. The court was then composed of Chief Justice
Boyle and Justices Wallace, Logan and Clark. The following is
their opinion, so far as relates to this subject:

“ It is certainly a well settled rule, that the law at the time the
contract is made, composes a part of it, so far as relates to the
nature and construction of such contract', but equally well settled , that
the remedy to enforce such contract, must he according to the lam
in force at the time such remedy is sought. The subjecting proper¬
ty to execution, which was not so at the time the contract was
made, does not in the slightest degree impair the contract; it only
extends and enlarges the remedy. Contracts are not made with an
eye. to the lairs that shall enforce them , or to what property shall,
or shall not be liable to execution; but with an expectation of
each party’s performing with good faith, what he has stipulated to
do.”

This distinction between right and remedy, thus solemnly ut¬
tered and reiterated from the appellate tribunal of the state, with
the sanction and concurrence of the Chief Justice, is noticed by
him in the late decision, with the passing remark, that the point
settled in the former case, was, that a contract for the direct pay¬
ment of money, entered into before the passage of the petition and
summons law, might be enforced under the provisions of that law;
and that in the latter case, the point settled was, that lands might

^ -

'Ill

settled, that the law of the place where the contracts were made
is to govern; but with regard to the remedy , the principle is equally
well established, that the laze of the country where the contract
is sought to be enforced ought to be the rule qf decision. I he stat¬
ute of limitations does not atfcct the validity of the contract , hut
t se time of enforcing it; or, in other words, it does not destroy the
•right, but withholds the remedy

Wherever we find the remedial power to exist, whether among
erratic hordes in a state of nature, or among people in civil soci¬
ety, we find it exercised according to the discretion ol those in
whose hands it is placed. In the case of the Bank of Columbia vs.
Okely, reported in 4th Wheaton 244-5, the appellate court of the
United States hold the following language on this subject: “ In
giving this opinion, we attach no importance to the idea of this
being a chartered right in the Bank. It is the remedy , and not
the right; and as such, we have no doubt of its being subject to
the mil of Congress. The forms of administering justice, and the
duties and powers of courts, as incident to the exercise of a branch of
sovereign power, must ever be subject to legislative will, and the
■power over them is unalienable, so as to bind subsequent legisla¬
tures.” And in the same hook (page 200-1,) the same court, in
the case of Crowningshield, vs. Sturges, speaks as follows upon this
subject: “But a still more, satisfactory argument is, that the con¬
vention did not intend to prohibit the passage of insolvent laws.
To punish honest insolvency by imprisonment for life, and to make
this a constitutional principle, would be an excess-of inhumanity ,
which will not readily be imputed to the illustrious patriots who
formed our constitution, nor to the people who adopted it. The
distinction between the obligation of a contract and the remedy given
by the Legislature to enforce that obligation, has been taken at the
bar, and exists in the nature of things. Without impairing the ob¬
ligation of contracts, the remedy may certainly be modified as the wis¬
dom of the nation shall direct. Confinement of the debtor may
be a punishment for not performing his contract , or may be allowed
as a means of inducing him to perform it. But the state may re¬
fuse to inflict this punishment, or may withhold this means, and
leave the contract in full force. Imprisonment is no part of the con¬
tract, and simply to release the prisoner does not impair \is obliga¬
tion.'"’

The doctrine recognized in the cases just quoted from Wheaton,
was affirmed by the Supreme Court of the United States, in the
case of M’Millan vs. M’Neil, reported in the same volume; the
case which the Chief Jpstice finds so difficult to understand, and
therefore devotes it to the fale which he inflicts upon the remedial
laws of the State, repeals and vacates it. In that case, the Su¬
preme Court, pursuing the distinction laid down in the case of
Crowningshield vs. Sturges, between right and remedy, determin-

210

JOURNAL OF

■HMi

law and conscience unite in the consecration of all the ingre ¬
dients which enter into the essence of a contract in civil society.
These are some of the rules of law, in relation to the validity of
contracts, which cannot he impaired by any legislative enaction.
From these the legal obligation ofa contract Hows; and the reme¬
dy furnished by the legislature, instead of constituting the legal
obligation, is only to he used, when that obligation has been vio¬
lated, to obtain reparation for its infraction. The appellate court
would seem to have mistaken the means, for the end; the effect,
for the cause; the remedy, for the disease. A broken contract, a
violated obligation, is the disease; the legislature enacts the re¬
medial laws; the courts administer them, and the cure is effected.
The process is sometimes rapid, and sometimes tardy; and more
or less so, according to the morbid or salubrious state of the social
atmosphere. This radical mistake into which the court has fallen,,
in relation to the laws of right and remedy, runs through the de¬
cision, and taints all the illustrations which it employs.

The first case selected by the Chief Justice, to illustrate the new
theory, is that of a parol contract for land under the statute of
frauds and perjuries; which, he says, is not obligatory, because the
statute denies remedy for its violation. He forgets that the verv
denial of the remedy, is an implied admission of the contract.
Indeed, the statute is predicated upon, not only the tacit admis¬
sion, but the avowed fact, that those contracts possessed at com¬
mon law inherent legal obligation; and the statute denies remedy
to cases of that kind, not because of their destitution of legal ob¬
ligation, but because, in the application of the remedy for their
infraction, there was danger that more injustice would be done,
by perjuries and frauds, in its application, than by withholding
it; and even since the statute, where a contract of that character
has been so sanctioned by part performance, that the fraudulence
of refusing to complete it, overbalances the dangers of the frauds
contemplated by the statute; or where the danger of the perju¬
ries contemplated by the statute, is avoided by the admission of
the contract by the defendant in his answer, their intrinsic legal
obligation is recognized, and they are decreed to be carried into
effect, by all the courts in England and America, where techni¬
cality has not the ascendency over great first principles.

The Chief Justice was not less unfortunate in his illustrative
selection of the statute of limitations. That statute decrees or
withholds the remed y, not upon the ground I hat the remedy is
the legal obligation of the contract which it bars, but upon "the
presumption that the obligation has been discharged by pay¬
ment. The reasonable presumption in relation to every man, is,
that lie will ho attentive to his interests. The obligee is presum¬
ed, from Ihc length of time in which he has forborne to assert
Claim, to have no claim; or, in other words, the claim which he

JOURNAL OF

t .

1 .

the senate. 213

•ned to have been discharged; and therefore, and not
. other than the reme-

thheld by the statute.

Pothier, will be found, upon examination,

__felicitous than the last. That author, who

logics bestowed upon him by the Chief Justice,
• ito three classes: 1st, Natural and civil; 2d,
,s; 3d, Natural obligations. “Obligations arc
,ys) both civil and natural. There are, however,
which are merely civil obligations, without being also natural
of which, the debtor may be constrained by
conscience.. Such is the oh

had, ispresu-

because the contract bad no legal obligation
dy, the remedy is wi
The quotation from
not to have been more
deserves the eul w
divides obligations in
Civil obligations: 1
commonly (he say
some

to the performance
law,- although they are not binding in
ligation which results from a judgment, erroneous m law, or tact,
when the time within which it might have been reversed, is past;
or from an unjust judgment, from which there is no appeal. In
either case, the defendant is bound by the judgment, and may
be constrained by legal means, to pay what in conscience L~
not owe. It is the authority of the judgment, rei
forms this obligation .” The obligations wh
civil, are the common cases of contract,
which the obligation of common law unites w
conscience, and constitutes the legal obligation, w
late court think is only to be found in the remedy,
ted by the Chief Justice, is of a merely civil obligation, w
juris, and is exemplified by Pothier, in the case ot a juu^
law, which is erroneous, but which, owing to lapse of time,
other cause, cannot be reversed; in which case,he tclla us,
defendant is bound, not by the remedy, but by the judgment, and
may he constrained by legal menus to pay it. by the judgment o
is bound-, the obligation, then, is in the judgment, and not in the
remedy. He may be constrained by legal means, (viz. the remedy)
to discharge the judgment by which he is bound, in which this
merely civil obligation exists. Natural obligations are binding
only in honor; but according to the Chief Justice, natural and civ¬
il obligations are, per se, of the same sort, and have no legal obliga¬
tion but what is to be found in the remedy. When a suit is com¬
menced upon a contract, that contract is either obligatory, or it is
not obligatory. If it is not obligatory, the suit is fruitless; no
judgment can be pronounced upon it. It it is obligatory 5 , the suit
is brought because its obligation has been violated, not because
the remedy has been violated. The remedy is afforded only upon
the predication that the obligation has been broken. A) hen the
case comes betore the Judge, he does not look lorwaid into the
laws which regulate the process oi remedy; but hejooks upon the
contract, the situation and condition ol the parties, the ciicum-
stances under which it was made, the fairness practised by each
party in the tormatiou ol it, and he ascertains by' this kind ol ex-

he does
judicataa, which
are natural and
above alluded to, in
ith the obligation of
hich the appel-
The case quo-
inculum
udgroent at
or some
the

214

JOURNAL OF

amfnation, what was the will and intention of the parties, in re¬
lation to the subject-matter of the contract, and thus ascertains
the nature and extent of the obligation; for will is at the root of all
o Jhgation. He next ascertains, by the appropriate inquiries, that
the obligation has been violated, and applies the remedy afforded
by the legislature, according to the remedial laws. It would cer¬
tainly be idle in the Judge, before he had ascertained that such
obligation had been incurred by either party to the contract, to
enquire what kind of execution might be issued; whether it could
be stayed by writ of error, suspended or replevied; and that too

with the intent of ascertaining whether he had by his contract
incurred any obligation. It would be to invert the order of na¬
ture, to mistake the consequences, for the cause. Execution is
most evidently not the cause, but the consequence of judgment.
V'j e would smile at the man, and deride his pretensions to philoso¬
phy, who would tell us that the prolific and vivifying influences of
light and heat, produced in the sun the power, and imposed upon
it the duty of emitting light and heat; that the solar concoctions,
with which our senses are regaled, were the cause , and not the
effect of solar radiance. The benign influences of a wise remedial
sj stem, in civil society, upon the condition of its members, may be
assimilated to the effects of physical causes upon the material
world.

The remedial systems throughout the civilized world, are pre¬
dicated upon the fact, that the contracting parties confide in each
other, that each will perform his contract according to its stipula-
tions, within the time agreed upon, and that neither of them looks,
to, or thinks of the existing remedial system, as constituting the
obligation which he incurs by the contract ; and that the legislature
possesses the power of altering or amending that system, as ex¬
perience or emergencies shall dictate the propriety of doin'* so.
Ibis course has the sanction of reason as well as practice; it is
even enjoined by necessity; for when a stipulation fora perform¬
ance within a given time, has been violated, no sovereign of which
we can conceive, can compel its performance within the time. It
is irreclaimably gone; it is with the days beyond the flood. All
that the sovereign can do, is to award to the creditor an equiva¬
lent for the injury inflicted upon him by its violation.

li the obligation of the contract, so far as relates to the time
of its perfomance, is the time of replevin allowed by law, then
the suit must always be instituted before the obligation is violated
in that particular, which is believed to be inadmissible, if not ab¬
surd ; loi i( is a settled rule of lazv, as well as of reason, that a suit
for the violation of the obligation of a contract, cannot be institu¬
ted, until the time for its performance has passed away.

Believing, therefore, that the decision of the court of appeals dis¬
plays an exertion of j udicial power, not conceded to that department

THE SENATE.

215

l>y the constitution of the State, greatly injurious, if not ruinous
in its practical effects, to very many of the good citizens of this
state, and incompatible, in the principle which it asserts, with the
great and essential rights of civil liberty, with the fundamental
principles of republican government, and with the best interests,
prosperity and happiness of the community, which are, and indeed
must forever remain indissolubly associated with those sacred prin¬
ciples, the members of the legislature, while they admit the
ij power of the court to declare any law unconstitutional and void,
which is obviously and palpably so, feel themselves reluctantly con¬
strained by the most solemn obligations of duty—obligations of du¬
ty to themselves, to their constituents, to posterity, and to the prin¬
ciples of rational liberty throughout the civilized world, to make
their deliberate protest against the erroneous and usurping doc¬
trines of that decision. Whereupon,

Resolved by the Legislature of the Commonwealth of Kentucky ,
That they do most solemnly protest against the doctrines piomul-
gatedin that decision, as ruinous in their practical effects, to the
good people of this Commonwealth, and subversive oi theii dear¬
est and most invaluable political rights.

Resolved by the authority aforesaid, That in the opinion of this
Legislature, the decisions of the Court of Appeals of Kentucky,
in the cases of Blair against Williams and Lapsley against
Brashear, are erroneous; and the laws therein declared to he un¬
constitutional, are, in the opinion of the present General Assem¬
bly, constitutional and valid acts.

Resotved by the authority aforesaid , That any effort which the Le¬
gislature may feel it a duty to make, for the contravention of the
erroneous doctrines of that decision, ought not to interfere with, or
obstruct the administration of justice, according to the existing
laws, which, whether they were or were not expedient, are be¬
lieved to be constitutional and valid; and which should, when it
shall be thought expedient to do so, be repealed by the Legisla¬
ture, and not by the Appellate Court.

And having performed this painful duty, the Legislature would,
with much pleasure, have withdrawn from the contemplation of a
subject so intrinsically disagreeable, if the existing state of things
had permitted. The people of Kentucky, though embarrassed, were
not hopelessly depressed. Trusting in the goodness of Heaven
and their own strenuous exertions, encouraged by the rewards
which a prolific soil, under the influences of a genial climate, ac¬
corded to the labors of husbandry, they had so mitigated the rig¬
ors of their remedial system, by legislative enactments, as to in¬
spirit hope and invigorate industry. They were uniting habits of
increased economy, with those of industry; they still enjoyed,
in the right of self-government, the blessings of liberty; and they
were cheered by the conviction, that their difficulties must, at no
distant period, yield to their increased economy and their indus-

, m

216 JOURNAL OP

try. The light of prosperity was again beginning to display it*
faint dawnings upon them, wlien the Appellate Court of the Nation
and State, (by consentaneous impulse,) as if in the view to
exemplify the illusive nature of hope, and the fallacy of the fair¬
est prospets, uttered their respective edicts. The former pro¬
claimed, that the Stale of Kentucky possessed no legislative do¬
minion over its soil; the latter, that'the Legislature of the State
possessed no power to alter, amend or modify its remedial laws.
The former having disfranchised the State and reduced it to the
degrading posture of a province of Virginia, the latterdcnied to it

S even provincial legislative powers. The error of the latter has
been exposed. For an exposition of an error of the former, refer¬
ence is made to a petition, under the signatures of John Rowan
and Henry Clay, presented to that Court fora re-hearing, in the
case ot Green and Biddle, (the case in which the odious doctrine
Mas proclaimed,) and to a series o( numbers published in “The
Commentator,under the signature of IJ. Marshall, in which the
reasoning employed in the petition is ably illustrated, amplified
and enforced. Those documents are connected herewith, and
their reasoning adopted.

flic declaration by the people of Kentucky, that they mil be
Jrec, would be superfluous. They cannot, until their habits and
nature are changed, be otherwise; and they have no preference

I lot judicial tyranny. They will not tolerate tyranny under any
disguise; but, while they abhor oppression, undsr whatever mask,
they love order, and will not violate it, until no other alternative
is left: Wherefore,

Resolved by the Legislature of the Commonwealth of Kentucky ,
That they do hereby most solemnly protest, in the name and on
tne behall of the good people of Kentucky, against the. erroneous,
injurious and degrading doctrines of the opinion of the Supreme
Court of the United States, pronounced at the last session of that
Court, in the case of Green and Biddle.

Audit is further resolved , That this Legislature ought, as the first
measure to avoid the oppression and degradation inflicted by the
opinion upon the State of Kentucky, to present to the Congress of
the United States, a temperate, but firm remonstrance against its
doctrines, and therein to call upon the nation to guarantee to the
State its co-equal sovereignty with the States which compose this
Union; and also, to request Congress therein, so to organize the
Supreme Court of the United States, that no constitutional ques¬
tion, growing out of the Constitution of the United States, or the
Constitution of either of the States, involving the validity of State
laws, shall he decided by said Court, unless two-thirds of all the
members belonging to said Court shall concur in such decision;
and that a committee of two members from the Senate, and four
fiom the I louse of Representatives, be appointed to prepare and
report such remonstrance.

THE SENATE.

217

The question was taken upon concurring in the first resolution,
and it was resolved in the affirmative—Yeas 22, nays 14.

The yeas and nays being required thereon by Messrs. Hickman
and Faulkner, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. IT. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Dawson, Denny, Duncan,
Ewing, Forsythe, Gorin, Lyon, M’Afee, Mayo, Miller, Morehead,
Owens, Rudd, Smith, T. Ward, Wickliffand Worthington.

Those who voted in the negative, arc, Messrs. C. Allan, Black¬
burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickman,
Howard, Roper, Tow les, J. Ward, White and Williams.

The question was then taken upon concurring in the second re¬
solution, and it was resolved in the affirmative—Yeas 23, navs 15.

The yeas and nays being required thereon by Messrs. Faulkner
and Gorin, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. II. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Carneal, Dawson, Denny,
Duncan, Ewing, Forsythe, Gorin, Lyon, M'Afee, Mayo, Miller,
Morehead, Owens, Rudd, Smith, T. Ward, Wickliff and Worth¬
ington.

Those who voted in the negative, are, Messrs. C. Allan, Black¬
burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickman,
Howard, Marshall, Roper, Towles, J. Ward, White and Wil¬
liams.

The question was then taken upon concurring in the third re¬
solution, and it was resolved in the affirmative—Yeas 23, nays 15.

The yeas and nays being required thereon by Messrs. Faulkner
and Gorin, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Carneal, Dawson, Denny,
Duncan, Ewing, Forsythe. Gorin, Lyon, M’Afee, Mayo, Miller,
Morehead, Owens, Rudd, Smith, T. Ward, Wickliff and Worth¬
ington.

Those who voted in the negative, are, Messrs. C. Allan, Black¬
burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickman.
Howard, Marshall, Roper, Towles, J. Ward, White and Wil¬
liams.

Mr. Carneal moved to amend the fourth resolution, by striking
out the following words, to wit: “ And therein to call upon the na¬
tion to guarantee to the State its republican form of government;”
and the question being taken thereon, it was resolved in the af¬
firmative.

Mr. Blackburn then moved further to amend the said resolu¬
tion, by striking out the following words, to wit: “ And its co¬
equal sovereignty with the States which compose this Union; and
.also, to request Congress therein, so to organize the Supreme
Court of the United States, that no constitutional question, grow-

A- v_z

JOURNAL OF

mg oat of the constitution of the United States, or the constitution
of either of the States, involving the validity of the State laws,
shall he decided by said Court, unless two-thirds of all the mem¬
bers belonging to said Court, shall concur in such decision;” and
to insert, in lieu thereof, the following words, to wit:

“ And it is further resolved , That Congress he requested so to or¬
ganize the Supreme Court of the United States, that no constitu¬
tional question, growing out of the constitution of the United
States, or either of the States, involving the validity of the State
Laws, shall be decided by said Court, unless three-fourths of all
the members belonging to said Court shall concur in such deci¬
sion.”

And the question being taken thereon, it was resolved in the
negative—Yeas 15, nays 23.

The yeas and nays being required thereon by Messrs. Black¬
burn and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan,
Blackburn, Bowman, Cowan, Davidson, Faulkner, Flournoy,
Hickman, Howard, Marshall, Roper, Towles, J. Ward, White and
Williams.

Those who voted in thenegative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barret, Beauchamp, Carneal, Dawson, Denny,
Duncan, Ewing, Forsythe, Gorin, Lyon, M’Afee, Mayo, Miller,
Morehea'd, Owens, Rudd, Smith, T. Ward, Wicklilf and Worth¬
ington.

Mt. Roper then moved to amend the resolutions, by striking
out the fourth resolution and the preamble thereto, and inserting
in lieu thereof the following preamble and resolutions, to wit:

In General Assembly of the Commonwealth of Kentucky , both branches
thereof concurring.

This General Assembly, considering its powders, privileges and
duties similar and co-extensive with those of former Legislatures,
who, composed of the senators and representatives of the people,
are charged with the care and superintendence of their interests:
Considering that its predecessors of the year 1821, deeming the
first decision of the Supreme Court of the United States, in the
case of Green and Biddle, an event deeply implicating the consti¬
tutional pow r ers and privileges of the Legislature of this State, by
declaring its acts, known as the Occupying Claimant Laws, a vio¬
lation of the Constitution, and therefore null and void, deputed
two of our ablest counsellors and most respectable citizens, to
represent the feelings, and support the rights of themselves and
their constituents, by remonstrance and otherwise, and, if prac¬
ticable, to procure a change of the injurious determination of the
Court: Considering, that although the effort was made with abil¬
ity, it notwithstanding failed: Considering that the final opinion
of the Court, not less exceptionable, is even more irreconcileable

THE SENATE.

219

and alarming than the first, since the Court, having retreated
from the Constitution of Kentucky, have fortified themselves with
that of the United States; whence all hope of self-relief is placed
beyond our reach, were we even disposed to change our own Con¬
stitution: Considering, that by this succession of untoward oc¬
currences, Kentucky has been thrown into a situation of serious
embarrassment; and that, now reduced to the alternative of sub¬
mission or resistance, she will only consider the options which the
latter presents to herchoice, in its various modes of redress: And
considering, that the mildest course which combines with the
probability of success, is the most eligible; and that, as there has
not yet been any direct address from this body to the Court, this
Legislature is determined to foresee no difficulty in obtaining from
a full Court, a re-consideration and reversal or overruling of their
determination: Therefore,

Resolved, That the General Assembly of Kentucky will adopt an
address, in its own constitutional character, to the Supreme Court
of the United States, in full session, which shall contain a remon¬
strance against the construction made of the Compact between
Virginia and Kentucky, and especially of its third article; set¬
ting forth the point of misconception, as it is believed, by the
Court; the construction which this Legislature makes of the same
article; the injurious cohsequences resulting from the present de¬
termination, and a petition for its total and definitive reversal, (or
overruling,) upon an explicit abandonment of the grounds hereto¬
fore taken by the Court.

Thus giving to our sister States, and the world, an example of
tjie predilection and tenacity with which this Legislature adheres
to the benign principles of the Federal Constitution, which so
happily reconciles the patriotism, pride and dignity of free States,
witli even reiterated applications to the national supreme tribunal
of justice, for redress of a grievance: Wherefore,

Resolved, That a joint committee be appointed on the part of the
Senate and of the House of Representatives, to prepare and re¬
port a remonstrance and petition, agreebly to the foregoing resolu¬
tion.

■▼And the question being taken thereon, it was resolved in the
negative—Yeas 16, nays 22.

The yeas and nays being required thereon by Messrs. Roper and
Beauchamp, were as follows, to wit:

Those who voted in the affirmative,.are, Messrs. C. Allan, Black¬
burn, Bowman, Carneal, Cowan, Davidson, Faulkner, Flournoy,
Hickman, Howard, Marshall, Roper, Towles, J. Ward, White and
Williams.

Those who voted in the negative, are, Messrs. C. II. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Dawson, Denny, Dun¬
can, Ewing, Forsythe, Gorin, Lyon, M’Afee, Mayo, Miller, More-
head, Owens, Rudd, Smith, T. Ward, Wickliffiand Worthington,.

It was then moved and seconded to re-consider the vote where?
by the amendment offered by Mr. Carneal (o the third resolution
was adopted: and the question being taken thereon, it was resolv¬
ed in the negative—Yeas 17, nays 21.

The yeas and nays being required thereon by Messrs. Carneal
and Owens, were as follows, to wit:

Those who voted in the affirmative,* are, Messrs. C. II. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Dawson, Denny, Dun¬
can, Ewing, Forsythe, Gorin, Miller, Morehead, Owens, Rudd,
Smith and T. Ward.

Those who voted in the negative, are, Messrs. C. Allan, Black¬
burn, Bowman, Carneal, Cowan, Davidson, Faulkner, Flournoy,
Hickman, Howard, Lyon, M’Afee, Marshall, Mayo, Roper, Towles,
J. Ward, White, Wickliff, Williams and Worthington.

The question was then taken upon the adoption of the fourth
resolution, and it was resolved in the affirmative—Yeas 25, navs
13.

The yeas and nays being requited thereon by Messrs. Beau¬
champ and Gorin, were as follows, to wit:

Those who voted in the affirmative, arc, Messrs. C. H. Allen,
Ballinger, Barbee. Barrett, Beauchamp, Carneal, Dawson, Denny,
Duncan, Ewing, Forsythe, Gorin, Lyon, M’Afee, Marshall, Mayo,
Miller, Morehead, Owens, Rudd, Smith, J. Ward, T. Ward, Wil¬
liams and Worthington;

Those who voted in the negative, are, Messrs. C. Allan, Black¬
burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickman,
Howard, Roper, Towles, W r hite and Wickliff.

The question was then taken upon the adoption of the pream¬
ble to the resolutions, and it was resolved in the affirmative—Yeas
22, nays 1C.

Tire yeas and nays being required thereon by Messrs. Beau¬
champ and Gorin, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. II. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Carneal, Dawson, Denny,
Duncan, Ewing, Forsythe, Gorin, Lyon, M'Afce, Mayo, Miller,
Morehead, Owens, Rudd, Smith, T. Ward and Worthington.

Those who voted in the negative, are, Messrs; C. Allan, Black¬
burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickman;
Howard, Marshall, Roper, Towles, J. Ward, White, Wickliff and
Williams.

Ordered , That Mr. M’Afee inform the House of Representatives
thereof.

Mr. Bowman, from the select committee to whom waS referred
“ a bill to appropriate the vacant lands lying east of the Tennessee
river, between the Tennessee line and 36 degrees 30 minutes
north,” reported the same with an amendment, which was con
eurred in, and the bill was read a third time.

THE SENATE. 221

tiesolved That the said bill do pass, and that the title he, “ an
act to appropriate the vacant lands lying east of the Tennessee
river, between the Tennessee line and 36 degrees 30 minutes

Ordered , That Mr. Ewing inform the House of Representatives

thereof, and request their concurrence. .

Mr. Roper, from the committee for courts of justice, made the
following report, to wit:

The committee for courts of justice have, according to order,
had under consideration “a bill for the benefit of Nancy Strode,
and have come to tlie following resolution thereupon, to wit:

Resolved, That said bill ought to pass;

Which was concurred in; and the bill, having been engiosscd,
was read a third Lime.

Resolved , That the said bill do pass, and that the title be, “ an act
for the benefit of Nancy Strode. ’

Ordered , That Mr. Roper inform the House of Representatives

thereof. .

Mr. Flournoy presented the petition of the officers of the 4-c
regiment of militia, praying amendments to the militia law; which
Was read and referred to Messrs. M’Afee, DaVidson, Faulkner, T.
Ward and Dawson.

The following bills were reported, to wit:

By Mr. M’Afee—A bill to amend the act incorporating the
Centre College of Kentucky at Danville.

And by Mr. Lyon—A bill to provide for opening public roads
west of Tennessee river.

Which were severally read the first time; and the rule being-
dispensed with, they were read a second time, and ordered to be
engrossed and read a third time.

522 JOURNAL OF

Lyon, M’Afee, Mayo, Miller, Roper, Rudd, Towles, T. Ward,
White and WicklilF.

Those who voted in the negative, arc, Messrs. Ballinger, Bar¬
bee, Bowman, Cowan, Davidson, Dawson, Duncan, Faulkner, Go¬
rin, Hickman, Morehead, Owens and Worthington.

Resolved , That the said bill do pass, and that the title be, “ an
■act making provision lor finishing and furnishing the Louisville
Hospital.”

Ordered , That Mr. Denny inform the House of Representatives
thereof, and request their concurrence.

Ordered, That the committee of propositions and grievances be
discharged irom the further consideration of the petitions of Eli¬
jah Green and John Shields, and that they be committed to the
committee for courts of justice.

Mr. Howard, from the select committee to whom was referred
41 a bill for the benefit of securities,” reported the same with
amendments. (

And then the Senate adjourned.

MONDAY, DECEMBER 22, 1823.

The Senate assembled.

The Lieutenant-Governor being absent, Mr. Blackburn was
chosen Speaker for the occasion.

Mr. Howard presented the petition of Trevor, Paul & Co.
praying an appropriation for the payment of a debt due to them
from the Penitentiary institution; which was read and referred to
the committee for courts of justice.

The vote whereby a bill from the House of Representatives, en¬
titled “ an act to compensate John Sterrett for surveying the road
from Bowlinggrecn to the mouth of Clover creek on the Ohio riv¬
er,” was rejected, was re-considered; and the bill, being amended
at the Clerk’s table, was read a third time.

Resolved, That the said bill, as amended, do pass, and that Mr.
WicklilT inform the Plouse of Representatives thereof.

The following bills were reported, to wit:

By Mr. Mayo—A bill to add a part of the county of Floyd to the
county of Morgan, and for other purposes.

By Mr. White—A bill to regulate the town of Christiansburg,
and for other purposes.

And by Mr. T. Ward—A bill for the benefit of certain sheriffs.

Which were severally read the first time, and ordered to be
read a second time; and the rule being dispensed with, the two
former bills were read a second and third times, (having been en¬
grossed.)

Resolved, That the two former bills do pass, and that the titles
be, respectively, “ an act to add a part of the county of Floyd to

THE SENATE.

223

the county of Morgan, and for other purposes,” and “ an act fur¬
ther to regulate the town of Christiansburg, and for other pur-
poses.”

Ordered , That Mr. White inform the House of Representatives
thereof, and request their concurrence.

The Senate received a message from the House of Representa¬
tives, announcing the passage of bills of the following titles, to wit:

An act to fix the ratio and apportion the representation for the en¬
suing four years ; an act for the benefit of the heirs of Byrd Lineas,
and an act to establish election precincts in the counties of Floyd,
Henry and Mason; and that they had concurred in a resolution
from the Senate, for the benefit of Joseph and Thomas Rotch, and
a resolution as to the qualification of Presidents and Directors of
the Banks.

Mr. M’Afee. from the joint committee appointed to examine the
Bank of the Commonwealth, made the following report, to wit:

The joint committee who were appointed to examine and re¬
port the situation of the Commonwealth’s Bank, would respect¬
fully submit the following report:

That the affifirs of this institution seem, at this time, to be, in
the general, conducted with prudence and caution. Some losses
will be sustained, but not as many as your committee had at first-
apprehended, when they commenced their investigation, nor
more than is usual in institutions conducted upon so extensive a
scale. The principal difficulty which the bank and its various
branches had to encounter, when they went into operation, was
the great distresses of the community pressing upon them for re¬
lief; and some of the Directors, particularly in two or three of the
counties in which the principal bank and branches were not lo¬
cated, have been prevailed on to discount notes not as well secur¬
ed as they ought to have been; because, of necessity, the represen¬
tations of the foreign Directors were received as satisfactory evi¬
dence of the goodness of the notes presented for discount; and
your committee believe, that the greater part of the losses which
will be sustained, originated at that time and from these causes.

But we are pleased to find, that the Presidents and Directories of
the principal bank and branches are taking the most prudent
measures to secure all the doubtful debts, and indeed a large por¬
tion of those which at various times have been considered as des¬
perate. These reflections are made upon a view of the delin¬
quent lists and explanatory letters of the different Presidents,
which have been submitted to the inspection of the committee;
and it is but justice to those who have been reported delinquents,
to say, that it is but little evidence of their solvency or insolven¬
cy, as much the greater portion ofthem arc as fully secured as any %
notes in bank; but owing, generally, to sickness in themselves or
their Directors, who live in the counties where the bank and

224

JOURNAL OP

branches are not located, and merely omitting to renew theii
notes. The Directory are taking the most prudent steps to cure
this evil, by arranging all the distant notes, in the several coun¬
ties, so that they will fall due on the same day; and they believe,
that so long as the Legislature continue to elect prudent and dis¬
creet Presidents and Directors to manage the institution, its oper¬
ations will not be attended with greater losses or difficulties than
are usual to be met with in other banks. Your committee, there¬
fore, recommend to the Legislature, at all times to be vigilant and
circumspect in the selection of the various managers of the bank,
and little danger is to be apprehended as to future losses; and
while it continues to be a source of revenue to the State, many
wise and humane institutions may be erected and supported,
which, at no distant period, will do honor to Kentucky and her
councils.

In addition to the information already before the Legislature,
we submit a condensed statement of the principal bank and all the
branches, marked A. Also, a statement of the supposed bad
debts, amounting (exclusive of the Mountsterling and Hartford
branches, from which no reports on this point have been received,)
to $7,504 50, a portion of which, we believe, will yet be secured
by the vigilance of the bank officers.

We also submit a letter received from the Cashier of the prin¬
cipal bank, containing a statement of an accidental loss to himself,
of the sum of one hundred and forty dollars; in relation to which,
we recommend the adoption of the following resolution:

Resolved , That in case the Cashier produces satisfactory evi¬
dence before the President and Directors of the principal bank,
that he sustained the loss specified in his letter, they, the said
President and Directors, shall make the allowance to him of the
sum aforesaid.

In relation to that branch of duty assigned to this committee,
requiring of them to enquire into the expediency of diminishing
the annual expcncesof the institution, by reducing the number of
Clerks therein, your committee would respectfully recommend, as
the result of their inquiries upon that subject, the adoption of the
following resolution, viz.

Resolved , That it is inexpedient, at this time, to reduce the num
her of Clerks in the institution.

From the Senate , ROBERT B. M’AFEE,

GRANVILLE BOWMAN,
WILLIAM OWENS.

From the House of Rep's. A. S. FARROW,

It. H. GIST,

THOMAS FLETCHER.
HIRAM S. EMERSON/
DAW1EL MORGAN,
RICHARD FRENCH,

THE SENATE. m-

fA.)

Statement complete , of the situation of the Bank of the Commonwealth of Kentucky and Branches , on the-

ls£ October 1823.

Stock.

Literary

Fund.

Notes paya¬
ble.

Discounts

Individual

depositors.

Due to
other
Banks.

Notes

discounted.

Aggregate of the 10 Branches)
and principal Bank,report->
ed 8 th November 1833, )

Princeton Branch,

Louisville Branch.

120,024 63

103,351 61

9,410 63
15,930 29

2,035,852 50

214,546 44
291,521 50

26,291 81

2,339 68
3,245 08

184,096 79

20,088 79
53,730 84

95,954 05

9,243 24
1,080 69

1,952,469 90

203,900

235,275

Dollars.

120,024 63

128,692 53

2,541,920 44

31,876 57

257,916 43

106,277 98

2,441,644 90

Aggregate of the 10 branches1
and principal Bank, report- >
ed 8th November, 1823. )

Princeton Branch,

Louisville Branch

Dollars

Notes in
suit.

103,677 70

Real

Estate

3,231 41

Due from
nther-
Banks.

Generali

expen-

72,363 941

17,425 95
13,389 301

103,179 19'3,202 51

2,939 96

186 81

Specie.

4,135 62|
352 15

4,487 77

Eastern

Notes.

B’k. Com-
,& branches

855.

855

417,247 11

33,798
66,657 23

517,702 34

U.S.

notes.

B. Ky &
branches

8,600 75]

8,677 75:

< 34 -

k,-;

JOURNAL OF

RECAPITULATION.

Stock ...
Literary Fund,

Notes Payable,
Discounts,

Individual Depositors,
Due to other Banks,

Cash, viz. Specie,

Eastern Notes, -

Notes Bank of the Commonwealth,

United States Notes,

Bank of Kentucky and Branches,
Notes discounted,

Do. in suit, - -

Real estate,

Due from other Banks,

Expences,

- 4,487 77

, 855

417,702
50

8,677 75

120,024 63
128,692 53
2,541,920 44
31,876 57
257,916 42
106,277 98

$ 3,186,708 57

Amount of notes payable 1st October 1823,
Amount of notes and cash on hand, after satisfying
all individual demands against the Bank,

5-531,772 86

2,441,644 90
103,677 70
3,231 41
103,179 19
3,202 51

$3,186,708 57

2,541,920 44

273,856 44

In actual circulation on the 1st October 1823, inclu¬
ding amount due to individual depositors, 2,268,064 0Q

O. G. WAGGENER, Cashier.

Ordered ., That Mr. Denny be excused from serving on the joint
committee appointed to examine the Transylvania University and
Lunatic Hospital, and that Mr. James Ward be added thereto.

The following bills were reported, to wit:

By Mr. Roper—A bill for the benefit of the devisees of John
Thruston, deceased.

By Mr. Lyon—A bill to change the time of holding the circuit
and county courts of Calloway county.

And by Mr. Hickman—A bill for the relief of Thomas Hughes,
sheriff of Bourbon county.

Which were severally read the first time; and the rule being
dispensed with, they were read a second time, and the second a
third time, (having been engrossed.)

Resolved , That the said bill do pass, and that the title be, “ an
act to change the time of holding the circuit and county courts of
Calloway county.”

Ordered , That Mr. Lyon inform the House of Representatives
{hereof, and request their concurrence,

the senate.

The first bill was committed to the committee for courts of jus

UC M Pp'inchamp, from the select committee to whom w as refer
t o amend the law concerning champerty and mamtc-
rcportcS the same »ilK ... ame,dment, wh.ch was con-

"SS ttuheJuMfo prill^forthsvM. print 150copies o

“If l“ S e e fAcnnp, an,

t Me Xed for life amentaent recommended by *
bS “ end and rejected, Tbe amendment o ta com

the su

mittee was then agreed to, and the subject
made by Mr. Marshall, to re-consider the vo

StL Kui from the House of Represenfatn
more effectually to suppress gaming, was n

amended at the Clerk’s table.

Resolved, That the said bill, as amended, d
Denny inform the House of Representatives
The Senate received a message from the
lives, announcing that they were ready to pr
of a Treasurer, Public Printers, a President
Bank of Kentucky on the part of the State,
Directors of the Bank of the Commohwealtl
After receiving nominations and exenang

House of Representatives, a committee was

of the Senate, to meet a committee from thd
lives, compare the votes and report the r
time, said committee reported, and the 1(
declared duly elected to the sever* ofoces,

Samuel South, Treasurer; Jacob H. H<

for the first division, and Amos Kendall,
4lbert G. Meriwether for the second divisr
John llarvie, President ot the Bank of 1
Weisiger, Henry Crittenden Achilles Sue
Charles S. Bibb and James W. Hawkins, I
John J. Crittenden, President of the Banl
of Kentucky; and Willis Field, George b
Butler, Jepthah Dudloy, Lyddall Wilkmso
cob Swigert, Gcrvas E. Russell, Benjami
Crockett, Joseph G. Roberts and 1 rice Nu
The Senate received, by the Seeretai) r
sage from the Governor, containing norrun;
ing dispensed with, it was taken up and ic

Gentlemen <f the Senate,

The recommendations having been mm
provisions of the constitution- l nominate 1

m Journal or

senf, Elijah Cravens, elierifT; William Edwards, coroner- Ezekiel

S£rS"°t Ri t chard £ ei ger, Josh " a Shelton, Fred!
H difi, M R ’ VV l ' a c 71 ^ rmstron S’ Crawford Anderson, William
.Id, Benjamin Stokes and Isaac Darnielle iuslices of'Ihe

peace in and for the county of Graves. ’'

December 22 , 1823 . JOHN ADAIR.

^ts°and tlri^M? 6 adv j se and consent to said appoint*

thereof?* Messrs. Lyon.and Mayo inform the Governor

And then the Senate adjourned.

TUESDAY, DECEMBER 23, 1823.

The Senate assembled.

folWin^To i £™ mmittee f0r courts ° f ju°Uce, made the

haduLTr n rn, iU 3 ef °r C °T tS ° f justice have, according to order,
th ‘ ‘ e / consideration the petition of Edmund Bartlett, prayim’
that a law may be passed authorising the register of he la f
ofhee to make him a deed for a tract of land S

l03t ’ ^ C ° me t0 MHowfng

Resolved, That the said petition be rejected.

thedeTisiTofhad under consideration a bill for the benefit of
fnit J Thruston, deceased, and have come to the

following resolution thereupon, to wit-

Resolved , That the said bill ought to pass.

Which was twice read, and the former resolution, after beinor
amended, by striking out the words “ be rejected ” and insert*
!»S >h],e u thereof the words t.|» re.sonabie,” ™ “cleS

7? T / 1C , b !!l, W f S , then en g ross cd and read a third time.

- ece, ™d, Iff the Secretary of State, a written mes-

S&Sf to.™! 6 beu,s « w#fc -«~

Gentlemen of the Senate ,

Bibb, Achilles Sneed, Francis P.‘BlaR, 1 "Jepd7ah’ Dudley"and

tHE SENATE. .

Daniel Weisigef, sen. The nomination is submitted to the Sen-

f f " their ^ PPr0bi “ i0n ' JOHN ADAIR.

December 23, 1823.

Resolved , That the Senate advise and consent to said securities;
and that Mr. Barbee inform the Governor thereof.

The following bills were reported, to wit:

By Mr. lloper, from the committee for courts of justice—A bill
for the benefit of Thomas P. Sattenvhite. Also, a bill for the
benefit of Trevor, Paul & Co.

Which were read the first time; and the rule being dispensed
with, the said bills were read a second time.

The latter bill was committed to Messrs. Roper, Beauchamp
andCarneal; and after some time, Mr. Roper reported the same
with an amendment, which was concurred in; and both bills, hav¬
ing been engrossed, were read a third time.

Resolved , That the said bills do pass, and that the titles be, res¬
pectively, “ an act for the benefit of Thomas P. Satterwliite,
and an act for the benefit of Trevor, Paul & Co.”

Ordered , That Mr. lloper inform the House of Representatives
thereof, and request their concurrence.

Ordered , That the committee prepare and bring in a bill pursu¬
ant to the former resolution.

The Senate, having received a message from the House of Rep ¬
resentatives, announcing that they were ready to proceed to the
election of a President and Directors of the several branches of
the Bank of the Commonwealth of Kentucky, and having exchang¬
ed nominations, proceeded to the election.

A committee was appointed on the part of the Senate, to meet a
committee from the House of Representatives, for the purpose of
comparing the votes, and to report the result. The committee re¬
tired, and after some time returned and reported, and the follow¬
ing persons were declared duly elected, to wit:

Flemingstturg Branch —William P. Fleming, President; George
W. Botts, William Hodge, James Alexander, John D. Stockton,
Aaron Owens, Charles Ward, James Morris and Larkin Anderson,
Directors.

Falmouth Branch —Press G. Kennett, President; James Wilson,
James King, James Nailor, Thomas G. Hall, Isaac Miller, An¬
drew S. Hughes, Thomas Buckner and Willis Graves, Directors.

Lexington Branch —Charles Humphreys, President; Elisha
Warfield, Matthew Kennedy, John Bradford, Thomas Wallace,
William R. Morton, David Thomson, Elijah Craig and Samuel M’-
Hatton, Directors.

Louisville Branch —Levi Tyler, President; Benjamin I. Harri¬
son, Craven P. Luckett, John Pope, jun. David C. Pinkham, WiF

JOURNAL OF

, Samuel M’Kay, Jolm W. Beckwith and

Harrodsburg Branch —Beriah M’Goffin, President; Joel P. Wil¬
liams, William Robertson, Christopher Chinn, David Sutton,
Thomas Head, Jesse Cofiey, David L. M’Kee and George 1. Brown,
Directors.

Winchester Branch —James Anderson, President; James Simp¬
son, Micah Taul, Lewis Grigsby, John Miles, John Donaldson,
David Bruton, Alexander S. Morrow and Benjamin Straghan, Di¬
rectors.

Mountsterling Branch —George Howard, President; David K.
Harris, James M’llhenuy, James Ward,jun. Thomas D. Owings,
S. D. Everitt, M. Harrison, Robert Stockton and Paul Durrett,
Directors.

Somerset Branch —William Fox, President; John Griffin, Henry
.Tames, Joseph Porter, Charles Hayes, John Chrisman, Benjamin
Eve, Uriah Grisham and Adam Wilson, Directors.

Bowlinggreen Branch —John Loving, President; Robert F.
•Slaughter, James T. Morehead, William Bell, George W. Call,
Thomas I\I. Smith, Richard B. Dallam, John Wills and Alexander
Graham, Directors.

A bill for the benefit of Thomas Hughes, sheriff of Bourbon
county, was read a second time; and the rule being dispensed
with, it was read a third time, (having been engrossed.)

Resolved, That the said bill do pass, and that the title be, “an
act for the relief of Thomas Hughes, sheriff of Bourbon county.”

Ordered , That Mr. Hickman inform the blouse of Representa¬
tives thereof.

Mr. Barbee, from the joint committee of enrolments, reported
that they had examined an enrolled resolution fixing a day for the
election of bank officers, and a resolution for the benefit of Joseph
and Thomas Rotch, and had found the same truly, enrolled.

The Senate received a message from the House ot Re presen ta*
lives, announcing that their Speaker had signed said resolutions*

THE SENATE.

Whereupon the Speaker of the Senate signed them, and they
were delivered to the joint committee of enrolments, to be laid
before the Governor; and after some time, Mr. Barbee reported
that they had performed that duty.

The Senate received a message from the House of Representa¬
tives, announcing the passage of a bill entitled “an act for the bene¬
fit of the heirs of George Scott, deceased,” and that they had pass¬
ed a bill from the Senate entitled “ an act for the relief of Thomas
Hughes, sheriff of Bourbon county.”

A bill from the House of Representatives, entitled “ an act to
fix the ratio and apportion the representation for the ensuing four
years,” was read the first time and ordered to be read a second
time.

It was then moved and seconded to dispense with the second
reading of said bill, which was resolved in the affirmative—Yeas
24, nays G.

The yeas and nays being required thereon by Messrs. Beau¬
champ and T. Ward, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, Messrs.
C. H. Allen, Barrett, Bowman, Cowan, Davidson, Dawson, Den¬
ny, Duncan, Faulkner, Flournoy, Forsythe, Hickman, Howard,
Lyon, Morehead, Rudd, Smith, Towles, T. Ward, White, Wickliff,
Williams and Worthington.

Those who voted in the negative, are, Messrs. Ballinger, Bar¬
bee, Beauchamp, M’Afee, Mayo and Owens.

Mr. Wickliff moved to amend the bill, by giving “one member
to the county of Oldham;” and the question being taken thereon,
it was resolved in the negative—Yeas 14, nays 17.

The yeas and nays being required thereon by Messrs. Wickliff
land Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, Messrs,
Ballinger, Barbee, Barrett, Beauchamp, Davidson, Faulkner,
[Lyon, Mayo, Miller, Owens, T, Ward, White and Wickliff.

( Those who voted in the negative, are, Messrs. C. H. Allen,
Carneal, Cowan, Dawson, Denny, Duncan, Flournoy, Forsythe,
[Hickman, Howard, Marshall, Morehead, Rudd, Smith, Towles,
Williams and Worthington.

The bill was then ordered to be read a third time.

On the motion of Mr. Faulkner, leave was given to bring in a
bill to amend the law concerning the Penitentiary; and Messrs.
Faulkner, Beauchamp, Howard, Marshall, Carneal and Denny
were appointed a committee to prepare and bring it in.

On the motion of Mr. Lyon, leave was given him to report a bill
for the relief of the actual settlers upon the public lands west of
/Tennessee river; which was read the first time.

|. And the question being taken on reading said bill a second
timp, i.t was resolved in the affirmative—Yeas 17, nays in.

532 JOURNAL OF

The yeas and nays being required thereon by Messrs. Lyon ano

Dawson, were as follows, to wit: „ „ OI .

Those who voted in the affirmative, are, Messrs. Ballinger,
Barbee, Barrett, Beauchamp, Bowman, ^rneal, Cowan, Davi-
aon, Duncan, Forsythe, Hickman, Lyon, M Afee, Millei, Towles,
T. Ward and Worthington.

Those who voted in the negative, are, Messrs. C. H. Allen, Daw
non, Faulkner, Flournoy, Howard, Morehead, Owens, Roper,
Rudd, Smith, White, Wickliff and Williams.

The Senate received, by the Secretary ot State, a written mcs'
sage from the Governor, containing certain nominations.

5 And then the Senate adjourned.

WEDNESDAY, DECEMBER 24, 1823.

The Senate assembled.

Mr. Barbee, from the joint committee of enrolments, rcporicd
that they had examined enrolled bills of the following titles, to wit.
An act for the benefit of certain sheriffsan act for the benefit o
the widow and children of Edward MWe, deceased ;me an act
for the relief of Thomas Hughes, sheriff of Bourbon county , and
had found the same truly enrolled. f Pnnr( , 5 ,, lh .

The Senate received a message from the House of Rcprc. e
tives, announcing that their Speaker had signed the latte, h ,11.

Whereupon the Speaker of the Senate signed the said bill, an
it was delivered to the joint committee of enrolments, to be h i
before the Governor; and after some time Mr. Barbee reported

th Th^no'mhiatfons made on yesterday were taken up and read as
follows, to wit:

Gentlemen of the Senate, c , A T i

I nominate for your advice and consent, John Sample and Jol

C Dodds, assistant judges in and for the county of Graves.

- Aho, Thomas James and Peter Mahan, assistant judges in an
for the county of Hickman, in the place of Richard laylor,jun.
and John Anderson, resigned. t

Joseph Towler, notary public in and for the county of Fayette.
Nathan S. Dallam, notary public in and for the county oi Chris-

tian * JOHN ADAIR.

December 23* 1823* .. . .

Resolved , That the Senate advise and consent to said appom -
ments and that Mr. Lyon inform the Governor thereof.

Mr Beauchamp read and laid on the table a resolution for
prSing acertafonumber of copies of the preamble and resolu-
Ln nf the Legislature in relation to the decision of the Court

L 1 S -

- -

THE SENATE.

233

Appeals on the replevin and endorsement laws, and the decision
of'the Supreme Court of the United States on the occupying
claimant laws.

The Senate received a message-from the House of Representa¬
tives, announcing the passage of a hill from the Senate, entitled
“an act for the benefit of certain shcritls,” and that they had re¬
ceived official information that the Governor did on the 18th inst.
approve and sign enrolled bills, which originated in the House of
Representatives, of the following titles, to wit: An act to revive the
law providing for the appointment of Commonwealth's Attorneys;
an act for the benefit of George Payne of Union county, and
George l’ayne of Henry county; an act providing for a change ol
venue in the case ol Elijah Walton; an act to amend an act to es¬
tablish a seminary of learning in the county of Hart; an act for
the benefit of Thomas Mullens; an act to compensate Henry Clay
and John Rowan for their services as counsel for the State of
Kentucky under the convention with Virginia, and an enrolled
resolution in relation to the Penitentiary; and that he did, on the
19th inst. approve and sign enrolled hills, which originated in that
house, of the following titles, to wit: An act establishing election
precincts in the counties of Fayette, Harrison and Lawrence, and
lor other purposes; an act for legalizing the proceedings of the
county county court of Warren, in laying the levy at November
term 1823; an act to amend an act entitled “ an act to incorpo¬
rate the turnpike road company from Louisville to Portland and
Shippingport;” an act for the benefit of James Kirkhanvs heirs;
an act for the benefit of Jane Proctor and her children; an act ap¬
pointing trustees for the town of Fairfield, in Nelson county ; an
act for the benefit of Chnsteen T. Dunevan, sheriff of Warren
county; an act to amend an act entitled “an act to incorporate
the Cythiana Library Company,” and enrolled resolutions request¬
ing the attention of the general government to the subject of
slaves belonging to citizens of the United States, who have or may
escape to Canada. Also, that they had passed bills ol the fol¬
lowing titles, to wit: 1. An act to amend the law in relation to
the turnpike and wilderness road; 2. an act for the benefit ol the
widow and heirs of James Dunbar, deceased; 3. an act to prolong
and continue in force an act for the benefit of Joseph Barnett and
his associates, and 4. an act to repeal all laws which give the
right of replevy to officers and attorneys at law, who officially col*
lect money and refuse to pay over the same, and lor other [im¬
poses.

Which bills were severally read the first time, and ordered to be
read a second time; and the rule being dispensed with, the first,
third and fourth bills were read a second time, and the first and
third a third time. . C

3 E

■bmhhmmmh

JOURNAL OF

Resolved , That the said hills do pass, and that Mr. Howard in¬
form (he House of Representatives thereof.

The fourth bill was committed to Messrs. WieldiIF, laulkner,
Owens and Beauchamp.

A bill from the House of Representatives, entitled “an act to
tix the ratio and apportion the representation for the ensuing four
years,” was taken up.

It was moved and seconded to reconsider the vote rejecting an
amendment proposing to strike out three members from the coun¬
ty of Madison; and it was resolved in the negative—Yeas 14,
nays 19.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Hickman, were as loliows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Davidson, Duncan, L)on,
M’Afee, Mayo, Miller, Owens, T. Ward and WicklilF.

Those who voted in the negative, are, Mr. Speaker,^ Messrs.
Bowman, Carneal, Cowan, Dawson, Denny, haulkner, Hournoy,
Forsythe, Hickman, Howard, Marshall, Morehead, Rudd, Smith,
Towles, White, Williams and Worthington.

Mr. Lyon moved to amend the bill, by attaching thereto the fol¬
lowing section, to wit;

“ The polls in the seventh senatorial district shall be compared
at the court-house in Livingston county; and Graves county shall
be added to the representative district west of Tennessee river,
and the polls for representative shall be compared at Graves court-

Shall,- Miller, Morehead, Rudd, Smith, Towles, T. Ward, mute,

Williams and Worthington. r „ A n en

Those who voted in the negative, arc, Messrs. C. 11. Allen,
Ballinger, Barrett, Beauchamp, Bowman, M’Aicc, Mayo, Owens

S That the bill * P«*. mi <M M, T. Ward in-

form the House of Representatives thereof. (( ,

A bill from the House of Representatives,^ entitled
for the benefit of Frederick Snider,” was read a third tune.

Resolvr.fl, That the said bill do pass, and that Mr. 1. W ard m
form the House of Representatives thereof.

Bills from the House of Representatives, of the foUorving titles, to
wif. 1. An act authorising a sale of part of the real «tate of Am
thony Griffin, deceased; 2. an act incorporating the Harrodsbuig
Library Company; 3. an act for the benefit of the late slier » -
Ohio, Breckinridge and Daveiss counties; 4. an act for the relie
of the acting executor of Will.anv Hardin, deceased ,
providing fora change of venue in the case of William Gonme
6. an act to abolish an election precinct in Cumberland. county
1. an act for the benefit of the heirs of John South- 8. a act tor
the benefit of the heirs of Absalom Adams; 9. an act for tne bene^
fit of John Cotrell and others; 10. an act for the bene
widow and heirs of Joseph Sansberry, deceased; 11. an act to
the benefit of the heirs of Byrd Linear; 12 an act for
of the heirs of George Scott, deceased and ^ °

efit of Benjamin Wright, were severally read the firsttine.

The Question being taken on reading the 1st, /th, 8th, 10in ai.it
12th bills a second time, it was resolved in the negative; and so

the said bills were rejected. • n -n, were-

The rule being dispensed with, the remainder of said

read a second and third times. , , T T w i in-

Resolved, That the said bills do pass, and that Mi. Muni

form the House of Representatives thereof.

The following bills were reported, to wit:

Bv Mr. C. H. Allen—A bill for the benefit of Edmund Bait

1C Andby Mr. O wens— A bill supplemental to an not to fix the ra¬
tio and apportion the representation for the ensuing four years.

Whichwere severally read the first time, and orderedm he lea
a second time; ,„ul Ih/.ule being .Itae.seJ w.fl., the former I I
. .1 „ ti.Wo mid ordered to be engrossed and lead ••

JOURNAL OF

ceedings, were severally read a third time, and the 1st, 3d and 4th
amended at the Clerk’s table.

Resolved, [’hat the said bills do pass, and that the titles be, res¬
pectively, “ an act giving clerks farther time to execute their
bonds, and for other purposes;” “an act to amend the act incor¬
porating the Centre College at Danville,” and “ an act to amend
the Jaw relative to civil proceedings. 5 ’

Ordered, 1 hat Mr. T. Ward inform the House of Representatives
II] o re or, and request their concurrence.

The question being taken on the passage of the third hill, it was
resolved in the affirmative—Yeas 27, nays 6.

Hie yeas and nays being required thereon by Messrs. C. II.
Aden and Bowman, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, Messrs,
Ballinger, Barbee, Barrett, Beauchamp, Cowan, Davidson, Den-
7r i,au]kn er, Hournoy,. Forsythe, Hickman, Howard, Lvon, M’-
Atee, MarshaH Mayo, Miller, Owens, Roper, Rudd, Smith, Towles,
i ^ rVard, \\ lute, W lckliffand Worthington.

Those who voted in the negative, are, Messrs. C. II. Allen,
Bowman, Carneal, Dawson, Duncan and Morehead.

the second hill was committed to Messrs. M'Afee, Beauchamp,
Carneal- Marshall and Denny. J

Tiie Senate received a message from the House of Rcprescntu-
tives, announcing that they had concurred in the amendments
made by the Senate, to bills of the following titles, to wit: An act
to compensate John Sterrctt for surveying the road from Bowling-
green to the Ohio; an act to authorise the transcribing a book of
entries in the office of the surveyor of Nelson county, imd for other
purposes; an act to repeal in part an act entitled “an act to
.'.mend an act regulating taverns and restraining tippling houses,
an act to prescribe the duties of the Judges of the Court of Ap¬
peals, and lor other purposes; an act to amend an act authorising a
lottery for opening a road from the Beaver Creek Iron-Works to

T) t . ^ ..- 11 Oil- VV OTKS tO

1 estonsburg; an act tor the benefit of Thomas Pitman; an act
authonsing the puuhcalion ol advertisements in “ The News-

<i , • “urvuiKuicms jh •• i ne XNews-

all, .. i,’ a !Vi l m ,°- rC cilectu ; l,1 J to suppress gaming, and an act
!. 'S additional justices ol the peace to certain counties, with
amendmonts to tnose made to the latter.

The said amendments were taken up and concurred in.
tives thereof ^ Mr ‘ Dawson illform the House of Represenla-
1 he following lulls were read a second time, to wit: 1. A hill to

amend the law concerning the collection of officers’ fees; 2 . a bill

tor the relief of the actual settlers on the public lands west of
I ennessee river, and 3. a bill for the benefit of certain sheriffs.

IVTes !■« t 8 WQS n aid ° n n thc table ’ the secoQ d was committed to

dered to^ 0 ",’ f R J °P e, ’ an ‘ 1 Marshall, and the third was or-
dcred to be engrossed and read a third time.

t 1 MU'Hfj. iifr

SENATE.

tijija from the House of Representatives, of the following titles,
i ". ! 4 n act to establish election precincts in the counties ot
Elovd ‘ Henry and Mason; 2. an act for the divorce of Emily Nixon
and others ■ 3. an act for the benefit of the administrators of Rezm
Clubb. deceased, and 4. an act to authorise the clerk of Logan
county to record certain certificates, and for other purposes were
severally read the first time and ordered to be read a second time.

The rule being dispensed with, the three former bills were read
a second time. The first was Committed to Messrs. Carneal,
Faulkner, Davidson, J. Ward and Rudd, the second to the com¬
mittee of religion, and the third to the committed for courts ot

JU After some time, Mr. Carneal reported the first bill with amend¬
ments, which were concurred in, and the bill read a third time.

Resolved. That the said bill, as amended, do pass, and that the
title be, “ an act to establish election precincts in certain coun¬
lies.’)

Ordered , That Mr. Carneal inform the House of Representa¬
tives thereof.

And then the Senate adjourned.

! The Senate assembled.

Mr. Flournoy presented the petition of sundry citizens of Fay¬
ette county, remonstrating against the passage of a law establish ¬
ing election precincts in said county; which was read and refer¬
red to the committee of propositions and grievances.

Mr. Smith, from the committee of religion, made the following
report, to wit:

The committee of religion have, according to order, had under
consideration a bill irom the House ot Representatives, entitled
CB “an act for the divorce of Emily Nixon and others,” and have

I come to the following resolution thereupon, to wit:

Resolved, That the said bill ought lo pass.

Which was concurred in.

Mr. Towles moved to lay the bill on the table until the first day
of June next; and the question being taken thereon, it was resolv¬
ed in the negative—Yeas It), nays 113.

The yeas and nays being required thereon by Messrs. Beau¬
champ and White, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, Messrs.
Barbee, Barrett, Beauchamp, Denny, Faulkner, Flournoy, Hick¬
man. Marshall, Mayo, Morehead, Roper, Towles, J. Ward, Wick-
litfarfd Williams,

THURSDAY, DECEMBER 25, 1823.

238

—

JOURNAL OF

-Those who voted in the negative, are, Messrs. C. H. Allen
Ballinger, Bowman, Carneal, Cowan, Davidson, Dawson, Dun-

S an ’/°^L he ’ Howard ’ L >'°‘h M'Afee, Miller, Owens, Rudd,
Smith, 1. Ward and White.

Mi. Howard then moved to amend the bill, by attaching there¬
to the following amendment, to wit:

Provided, however, that whatever he may have received by
his wife, at the time of their intermarriage, the said Chapman
shall return to her, upon final separation, agreeably to the provi¬
sions of this act.”

And the question being taken thereon, it was resolved in the
negative—Yeas 14 , nays 20.

the yeas and nays being required thereon by Messrs. Howard
and Owens, were as follows, to wit:

Those who voted in the affirmative* are, Mr. Speaker, Messrs.
Barbee, Barrett, Faulkner, Flournoy, Hickman, Howard, More-
head, Roper, Smith, Towles, J. Ward, Wicldiffand Williams.

Those who voted in the negative, are, Messrs. C. II. Allen,
Ballinger, Beauchamp, Bowman, Carneal, Cowan, Davidson,
Dawson, Denny, Duncan, Forsythe, Lyon, M’Afee, Marshall, Mil¬
ler, Owens, Rudd, T. Ward, White and Worthington.

The bill was then read a third time as follows, to wit:

Ail Act for ilie divorce of Emily JVixoil and others.

Whereas it is represented to the Legislature, that George Nixon
has been convicted of felony, and his wife, Emily Nixon, has been
left without any means of support; that Elijah Rude has abandon¬
ed his wife, Elizabeth Rude; that Nancy Thompson, the wife of
William Thompson, has been guilty of adultery; for which causes
the parties aggrieved have petitioned to be "divorced: There¬
fore,

§1. Be it enacted by the General Assembly of the Commonwealth of
Kentucky , That the marriages between the parties aforesaid be,,
and the same are hereby totally dissolved, and the parties ag¬
grieved aie restoied to all the rights and privileges of single per¬
And whereas it is further represented, that Nancy Chapman,
wife of Peyton Chapman of Adair county, has abandoned her said
husband some years ago, and will not return to, and live with him
again; but occasionally returns, for short periods, for the purpose
ofharrassing and perplexing him, and destroying his property:
Therefore,

§ -• Be it further enacted , That the bonds of matrimony solem¬
nized between the said Peyton Chapman and Nancy, be annulled,
set aside and held for nought, and the said Peyton Chapman be di¬
vorced from his said wife Nancv.

THE SENATE.

239

And the question being taken on the passage thereof, it wasre-

golved in the negative—Yeas 17, nays 17.

The yeas and nays being required thereon by Messrs. Flournoy

and Faulkner, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. 11. Allen,
Ballinger, Cowan, Davidson, Dawson, Duncan, Ewing, Forsythe,
Lyon, M’A fee, Miller, Owens, Rudd, Smith, f. \\ ard, White and

Worthington. „ r , ,,

Those who voted in the negative, are. Mr. Speaker, Messrs.
Barbee, Barrett, Beauchamp, Carneal, Faulkner, Flournoy, Hick¬
man, Howard, Marshall, Mayo, Morehead, Roper, Towles, J.
Ward, Wickliff and Williams.

And so the said bill was rejected.

Ordered , That Mr. Wickliff inform the House of Representa¬
tives thereof.

Mr. Roper, from the committee for courts of justice, made the
following report, to w r it:

The committee for courts of justice have, according to oidci,
had under consideration the petition of the heirs ot \Y yatt Mitchell,
deceased, praying that a law may be passed authorising the sale
and conveyance ofa tract of land which descended to them, for the
payment of his debts, and have come to the following resolution
thereupon, to wit:

Resolved, That said petition be rejected.

Which was twice read and concurred in.

The following bills were reported, to wit:

By Mr. Roper—A bill to amend the law concerning ferries.

And by Mr. Owens—A bill altering the manner of providing for
the distribution of the Acts, Journals and Reports.

The former bill was read the first time; and the rule being dis¬

pensed with, it was read a second time and laid on the table.

The Senate received a message from the House of Representa¬
tives, announcing the passage of bills of the following titles, to wit:
Anactfor the relief of the representatives of John Bacon, deceas¬
ed, and an act to repeal the act concerning champerty and main?
tenance, passed on the 22d day of December 1798.

And then the Senate adjourned.

FRIDAY, DECEMBER 26, 1823.

The Senate assembled.

Mr. Lyon presented the petition of sundry citizens of Caldwell
county, living between the Cumberland and Tennessee rivers,
praying the passage of a law exempting them from the payment ol
ferriages, in travelling to their musters, &c. which was read and
referred to the committee of propositions and grievances.

JOURNAL OF

Messrs. Barbee and Williams, from the joint committee of cn-
lolmcnts, reported that the committee had examined sundry en-
rolled bills and resolutions, of the following titles, to wit: An
act to prescribe the duties of the Judges of the Court of Appeals,
and for other purposes; an act more effectually to suppress gamb-
ling. anaci to amend an act authorising a lottery for opening n
road from BeaverCreek Iron-Works to Prestonsburg, &c.; an act
incorporating the Harrodsburg Library Company; an act to com¬
pensate John Sterrett for surveying the road from Bowlinggrecni to
the mouth ofClover creek on theOhio river; anact to repeal in part
an act entitled 44 an act to amend an act regulating taverns and
restraining tippling houses;” an act for the relief of the acting ex¬
ecutor of William Hardin, deceased; an act for the benefit of the
late sheriffs of Ohio, Breckinridge and Daveiss counties; an act
01 the benefit of I 1 rederick Snider; an act to abolish an election
piecinct in the county oi Cumberland; an act to fix the ratio and
apportion the representation for the ensuing four years; an act
ioi the benefit of Byrd Linear; an act to prolong and continue in
force an act for the benefit ol Joseph Barnett and his associates;
an act to amend the law in relation to the turnpike and wilderness
load; an act lor the benefit of John Cotrell and others; an act for
the benefit of Benjamin Wright; an act to authorise the insertion
oi certain advertisements in the 14 News-Letter” and 44 Telegraph; ’
an act allowing additional justices ol the peace to certain coun¬
ties; an act for the benefit of Thomas Pitman; an act providing
for a change ot venue in the caseot William Cornwell; an act to
authorise the transcribing a book of entries in the office of the sur¬
veyor of Nelson county, and for other purposes; a preamble and
resolutions of the Legislature of Kentucky, in relation to the deci¬
sion ol the Court of Appeals on the replevin and endorsement laws,
and of the Supreme Court ol the U. States on the occupying claim¬
ant laws of said State; and had found the same truly enrolled.

Mr. Lwing, from the committee of propositions and grievances,
made a report on the petition ol Robinson P. Beauchamp; which
was read and committed to a committee of the whole house on the
state of the commonwealth, for Monday next.

A bill to amend the law concerning ferries, was taken up and
committed lo Messrs. Caracal, Roper, Marshall and Forsythe;
and after some time, Mr. Carneal reported the bill with an amend¬
ment, which was concurred in, and the bill read a third time.

Resolved, That the said bill do pass, and that the title he, “an
act to amend the law concerning ferries.”

Ordered i, That Mr. r. Ward inform the House of Representa¬
tives thereof.

Mr. WicklifF, from the select committee to whom was referred
a bill from the House of Representatives, entitled “ an act to re¬
peal all laws which give the right of replevy to officers and attar

THE SENATE.

241

neys at law, who officially collect money anil refuse to pay over
the same, and for other purposes,” reported the same without
amendment, and it was read a third time.

Resolved , That the said bill do pass, and that Mr. Ewing in¬
form the House of Representatives thereof.

Mr. Wickliff presented the statement and report of the Auditor
of Public Accounts, of the amount of postage paid on communica¬
tions made to the Adjutant-General; which was read and referred
to the committee to whom was referred the bill for increasing the
salary of the Adjutant-General.

A bill to alter the manner of distributing the Acts, Journals and
Reports, was read the first time. The rule being dispensed with,
it was read a second time, and committed to Messrs. Roper,
Owens, Marshal], Faulkner and Bowman; and after some time,
Mr. Roper reported the bill with an amendment, which was con¬
curred in with an amendment, and the bill recommitted to Messrs.
Owens, Roper and Marshall.

A bill for the benefit of securities was taken up, the amend¬
ments concurred in, and the bill laid on the table.

Ordered , That the public printers forthwith print 150 copies of
said bill, for the use of the members of the Legislature.

Bills irom the House of Representatives, of the following titles,
to wit: An act to authorise the Clerk of Logan county to record
certain certificates, and for other purposes, and an act for the ben¬
efit of the widow and heirs of James Dunbar, deceased, were sev¬
erally read a second time.

The former was committed to Messrs. Howard, Ewing, Mar¬
shall, Beauchamp and Lyon, and the latter to the committee for
courts of justice.

Mr. Howard reported the former bill with amendments, which
were concurred in; and the question being taken on reading the
bill a third time, it was resolved in the negative; and so the said
bill was rejected.

Ordered , That Mr. Howard inform the House of Representa¬
tives thereof.

The Senate received, by the Secretary of State, a written mes¬
sage lrom the Governor, containing military nominations; and the
rule being dispensed with, it was taken up and read as follows, to
wit:

Gentlemen of the Senate,

1 did, on the 24th instant, establish a new regiment, out of part
of the 67th regiment, which is denominated the 113th regiment.

I nominate for your advice and consent, William Garnett, colo¬
nel; Barnett Rogers, lieutenant colonel, and Benjamin Chapman,
major of the 113th regiment.

'1 homas Nelson, lieutenant colonel of the G7th regiment, in the
place of William Garnett, transferred.

2 F

242 JOURNAL OP

Daniel Roberts, major of the same regiment, in the place oi
Thomas Nelson, if promoted.

William Guthrie, colonel of the 1st regiment.

George W. Chambers, lieutenant colonel of the same regiment,

in the place of William Guthrie,'if promoted.

William Elliott, major of the same regiment, in place of C. VY.
Chambers, if promoted. ADAIR.

December 26, 1823.

Resolved , That the Senate advise and consent to said appoint¬
ments. and that Messrs. Ewing and Dawson inform the Goveinoi

thereof. , , ...

The following bills were read a second time, to wit: 1. A mu
to amend the act concerning frauds and perjuries; 2. a bill to pro¬
vide for opening public roads west of Tennessee river ; 3. a bi
for the benefit oi Isaac and Clio Alzire Darneille, and 4. a ji
supplemental to an act to fix the ratio and apportion the represen¬
tation for the ensuing four years. j

Mr. Iloper moved to lay the iirst bill on the table until the lust
day of July next; and the question being taken thereon, it was re¬
solved in the affirmative—Yeas 21, pays 8.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Smith, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. 11. Allen,
Ballinger, Barrett, Bowman, Caineal, Cowan, Davidson, Daw¬
son, Duncan. Faulkner, Flournoy, Howard, Lyon, Marshall,
Morehead, Roper, Rudd, Smith, Towles, T. Ward, and White.

Those who voted in the negative, are, Mr. Speaker, Messrs.
Barbee, Beauchamp, Ewing, Mayo, Miller, Owens, Worthington.

The second and third bills were ordered to be engrossed and
read a third time, and the fourth was committed to Messrs. Ew¬
ing, Owens, Lvon, Mayo, Dawson, Howard and Miller.

Engrossed bills, to wit: 1. A bill better to secure the right oi
property to married women and their children; 2. a bill for the
benefit of Edmund Bartlett, and 3. a bill for the benefit of certain
sheriffs, were severally read a third time.

The first was laid on the table. The question being taken on
the passage of the second, it was resolved in the negative; and so
the said bill was rejected. The third bill was committed to
Messrs. T. Ward, Hickman, Ewing and Mayo.

Bills from the House of Representatives, of the following titles,
to wit: An act to repeal the act concerning champerty and main¬
tenance passed on the 22d day of December 1798, and an act foi
the relief of the representatives of John Bacon, deceased, were
severally read the first time and ordered to be read a second time.

The rule being dispensed with, the latter bill was read a second
time, and committed to the committee for courts of justice.

The following nominations were taken up, to wit:

Gentlemen of the Senate ,

I nominate for jour advice and consent, Athelston Owens,
brigade quartermaster of the 7th brigade of Kentucky militia,
vice James A. Paxton, removed.

Drury YV. Poor, lieutenant colonel of the 91st regiment, vice
William M. Blakey, resigned.

Ambrose S. Bramblet, colonel of the Slst regiment, vice Daniel
L. Myers, resigned.

Robert Reed, lieutenant colonel of the same regiment, vice
Ambrose S. Bramblet, promoted.

Silas Dougherty, major of the same regiment, vice Robert Reed,
promoted.

John Conner colonel of the 20th regiment, vice William Fin¬
nish, resigned.

George White, lieutenant colonel of the same regiment, vice
Gabriel Miles, resigned.

William P. Sutton, major of the same regiment, vice John Con¬
ner, promoted. . .

James S. Henderson, brigade quartermaster of the 2'lth bri¬
gade, vice Samuel Wilson, resigned.

& JOHN ADAIR.

December 20, 1823.

Resolved , That the Senate advise and consent to said appoint¬
ments, and that Messrs. Ewing and Dawson inform the Governor
thereof.

On the motion of Mr. Flournoy, leave was given to report a bill
to carry into operation the Lunatic Asydum; and on the motion ot
Mr. Bowman, a bill to change the time of meeting of the Legisla¬

ture.

Which bills were severally read the first time, and ordered to
be read a second time; and the rule being dispensed with, the
latter wps read a second time, and amended at the Clerk’s table.

The vote whereby a bill from the House of Representatives, en¬
titled “an act to amend the execution laws of this commonwealth,"
was laid on the table until the first day of June next, was^ re-con¬
sidered, and the bill was committed to Messrs. Marshall, Towles,
Carneal, Howard and Owens.

Ordered , That Messrs. C. H. Allen and T. Ward be appointed
on the part of Senate, to co-operate with a committee irom the
House of Representatives, to draught a remonstrance concerning
the occupying claimant laws, agreeably to the preamble and reso¬
lutions on that subject.

And then the Senate adjourned.

JOURNAL OF

SATURDAY, DECEMBER 27,

The Senate assembled.

Tlie Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed the enrolled bills
and resolutions reported by the committee of enrolments on yes¬
terday.

Whereupon the Speaker of the Senate signed (hem, and they
were delivered to the joint committee of enrolments, to be laid
before the Governor; and after some time, Mr. Barbee reported
that they had performed that duty.

Mr. Beauchamp moved the following resolution, to wit:

Resolved , That a committee of live members of the Senate be
appointed to enquire whether the Keeper of the Penitentiarv
charges higher for articles manufactured in the Penitentiary,
than they ought to sell at, and whether the Agent charges more
for them than the Keeper has priced (hem at; and that said com¬
mittee have power to send for persons, papers and records, for
their information, and that they report the facts specially, toge¬
ther with their opinion thereupon, to the Senate.

Which was adopted, and Messrs. Beauchamp, Dawson, J. Ward,
Mayo and Cowan were appointed a committee in pursuance there¬
of.

On the motion of Mr. Marshall, leave was given to report a bill
concerning the Directors of the Bank of Kentucky, which was
read the first time; and the rule being dispensed with, it was read
a second lime.

Mr. Bowman moved the following as a substitute for the bill, to
wit:

Be. it enacted by the General Assembly of the Commonwealth of Ken¬
tucky, That so much of the second section of the act entitled “ an
act to amend and extend the charter of the Bank of Kentucky,”
approved the 26th December 1820, as prescribes that no person
shall act as a Director of said Bank more than three years in suc¬
cession. and precludes more than two-thirds of the Directors who
arc in office at the time of an annual election, from being elected
for the next succeeding year, be, and the same is hereby repeal-

And the question being taken on the adoption thereof, it was re¬
solved in the negative—Yeas 14, nays 20.

The yeas and nays being required thereon by Messrs. Faulkner
and Beauchamp, were as follows, to wit:

loose w ho voted in the affirmative, are, Mr. Speaker, Messrs.
Barbee, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hick¬
man, Howard, Roper, Towles, J. Ward, Wickliffand Williams.

THE SENATE.

2 45

'Those who voted in the negative, arc, Messrs. C. H. Allen,
Ballinger, Barrett, Beauchamp, Carneal, Dawson, Duncan, For¬
sythe, Lyon, M’Afee, Marshall, Mayo, Miller, Morehead, Owens,
Smith, T. Ward, White and Worthington.

The bill, having been engrossed, was read a third time; and the
question being taken on the passage thereof, it was resolved in the
affirmative—Yeas 21, nays 12.

The yeas and nays being required thereon by Messrs. Faulk¬
ner and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. II. Allen,
Ballinger, Barrett, Beauchamp, Carneal, Dawson, Duncan, For¬
sythe, Lyon, M'Afee, Marshall, Miller, Morehead, Owens, Roper,
Rudd, Towles, J. Ward, T. Ward, White and Worthington.

Those who voted in the negative, are, Mr. Speaker, Messrs.
Barbee, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hick¬
man, Howard, Smith, Wickliffand Williams.

Resolved, That the said bill do pass, and that the title he, “an
act concerning the Directors in the Bank of Kentucky.”

Ordered , That Mr. Owens inform the House of Representatives
thereof, and request their concurrence.

The Senate received a message from the House of Representa¬
tives, announcing the passage of hills of the following titles, to wit:
1. An act for the benefit of Peter Breeding and others, of Casey
count}'; 2. an act to amend an act for surveying the military claims
west of Tennessee river; 3. an act to correct an accidental va¬
riance in the books of the Auditor and Treasurer; 4. an act for
the divorce of Nancy Eastland and Sally Chisney; 5. an act to
regulate the issuing executions; 6. an act for the benefit of the
heirs of Benjamin Cullins, deceased; 7. an act for the benefit of
Matthew Harper; 8. an act to authorise the surveyors of Harlan
and Jefferson counties to transcribe certain books in their offices,
and 9. an act to regulate the toll of certain turnpike gates in this
commonwealth.

The five first bills were read the first time, and ordered to be
read a Second time.

The question being taken on reading the fifth bill a second time,
it was resolved in the affirmative—Yeas 20,nays 12.

The yeas and nays being required thereon by Messrs. Faulkner
and Lyon, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. FI. Allen.
Ballinger, Barbee, Barrett, Beauchamp, Carneal, Dawson, Dun¬
can, Ewing, Forsythe, Lyon, M'Afee, Mayo, Miller, Morehead,
Owens, Rudd, T. Ward, White and YVorlliington.

Those who voted in the negative, are, Mr. Speaker, Messrs.
Bowman, Cowan, Faulkner, Flournoy, Flickman. Howard, Roper.
Smith, Towles, J. Ward and Williams.

mhhhhhhhhhhhh

JOURNAL OP

The rule being dispensed with, the 1st, 2d, 3d and 5th bills
were read a second time, and the 1st and 3rd a third time.

Resolved , That the first and third bills do pass, and that Mr. Ew¬
ing inform the House of Representatives thereof.

The second bill was committed to Messrs. Howard, Lyon, Ew¬
ing and Beauchamp, and the fifth to Messrs. T. Ward, M’Afec,
Owens, C. H. Allen, Dawson and Marshall.

On the motion of Mr. Wield iff, leave was given to bring in a

jill supplemental to the act fixing the ratio and apportioning the

representation for the next four years, for the purpose of giving to
Oldham county one representative; and Messrs. Wield iff, C. II.
Allen and Carncal were appointed a committee to prepare and
bring it in.

Engrossed bills, to wit: A bill to provide for opening public
roads west of Tennessee river, and a bill for the benefit of Isaac
and Clio Alzire Darneille, were severally read a third tim£.

The question being taken on the passage of the former bill, it
was resolved in the affirmative—Yeas 18, nays 15.

The yeas and nays being required thereon by Messrs. Flour¬
noy and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, Messrs.
Ballinger, Barbee, Barrett, Beauchamp, Carneal, Davidson,
Dawson, Duncan, Forsythe, Hickman, Lyon, M’Afee, Mayo,
Miller, Owens, Towles and T. Ward.

Those who voted in the negative, are, Messrs. C. H. Allen,
Bowman, Cowan, Faulkner, Flournoy, Howard, Morehead, Roper,
Rudd, Smith, J. Ward, White, WickKff, Williams and Worthing¬
ton.

Resolved, That the former bill do pass, and that the title be, “an
act to provide for opening public roads west of Tennessee river."

Ordered, That Mr. Lyon inform the House of Representatives
thereof, and request their concurrence.

The latter bill was laid on the table until the first day of June
next.

The Senate received information, by the Secretary of State,
that the Governor did on this day approve nnd sign enrolled reso¬
lutions, which originated in the Senate, of the following titles, to
wit: A resolution fixing on a day for the election of Bank Officers,
and a resolution for the benefit of Joseph and Thomas Rotch.

Ordered, That Mr. T. Ward inform the House of Representa¬
tives thereof.

A bill from the House of Representatives, entitled “an act to
repeal the act concerning champerty and maintenance passed on
the 22d day of December 1798,” was read a second time, amend¬
ed at the Clerk’s table, and ordered to be read a third time.

A bill to alter the time for the meeting of the General Assem
bJy, was laid on the table until the first day of J une next.

THE SENATE. 247

The Senate received, by Mr. Waggener, a written message

from the Governor, containing nominations of officers for Meade

And then the Senate adjourned.

MONDAY, DECEMBER 29, 1823.

i! 1

The Senate assembled.

The Lieutenant-Governor appeared and resumed his duties.
Mr. Roper, from the committee for courts of justice, made the
following report, to wit:

The committee for courts of justice have, according to order,
had under consideration a bill from tire House ot Representatives,
entitled “ an act for the benefit of the widow and heirs of James
Dunbar, deceased,” and have come to the following resolution
thereupon, to wit:

Resolved , That, the said ought not In pass.

Which being twice read, and the resolution amended, by strik'
ing out the word “ not,” was concurred in.

The bill was re-committed to Messrs. Mayo, M’Afee, C. H.
Allen and T. Ward.

Mr. Wickliff reported a bill supplemental to an act to fix the
ratio and apportion the representation for the ensuing four years,
which was read the first time; and the question being taken on
reading the said bill a second lime, it was resolved in the negative,
and so the said bill was rejected.

The Senate then, according to the standing order of the day,
resolved itself into a committee of the whole house on the state ol
the commonwealth, Mr. Faulkner in the chair; and after some
time spent therein, Mr. Speaker resumed the chair, and Mr,
Faulkner, reported, that the committee had, according to order,
had under consideration the report of the committee of proposi¬
tions and grievances on the petition of Robinson P. Beauchamp,
and had gone through the same with an amendment.

The report was then read as follows, to wit:

The committee of propositions and grievances have, according
to order, had under consideration the petition of R. P. Beauchamp,
praying the passage of a law for appropriating a certain sum of
money for notes on the Bank of the Commonwealth which have
been destroyed by casualty, and have come to the following reso¬
lution thereupon, to wit:

Resolved , That the said petition be rejected.

The amendment striking out the words “ be rejected,” and in-
sorting in lieu thereofthe words “ is reasonable,” was concurred

248

JOURNAL OF

Ordered , That the committee of propositions and grievances
prepare and bring in a bill pursuant to said resolution.

The Speaker laid before the Senate a communication from
William Littell, in relation to the Term Reports; which was read
and laid on the table.

The Senate received several messages from the House of Rep.
resentatives, announcing the passage of bills of the following ti¬
tles, to wit: An act to authorise the Register to transcribe cer¬
tain entries, and an act for the benefit of George Corn and Samuel
Foster; and the adoption of resolutions in relation to the sale of
articles manufactured in the Penitentiary. Also, the passage of
bills from the Senate, of the following titles, to wit: An act for
the benefit oi the stockholders of the Farmers and Mechanics’
Bank of Logan, and for other purposes; an act to establish a Bo¬
tanical Garden, and an act concerning the Directors of the Bank
of Kentucky—each with amendments.

Mr. Ewing, from the committee of propositions and grievances,
reported a bill for the benefit of Robinson P. Beauchamp, which
was read the first time; and the rule being dispensed with, the
bill was head a second time, and committed to the committee for
courts of justice.

Mr. Lyon, from the select committee to whom was referred a
bill from the House of Representatives, entitled “ an act to amend
an act for surveying the military claims west of Tennessee river,”
reported the same with an amendment, which was concurred in,
and the bill read a third time.

Resolved , That the said bill, as amended, do pass, and that Mr.
Lyon inform the House of Representatives thereof.

A resolution for printing the preamble and resolutions in rela¬
tion to the decisions on the endorsement and replevin laws and
the occupying claimant laws, was laid on the table until the first
day of J une next.

Mr. Marshall, from the select committee to whom was referred
a bill irom the Iiouse of Representatives, entitled “an act to I
amend the execution laws,” reported the same with amendments,
which were concurred in, and the bill then read as follows, to
wit:

§ 1. Be it enacted by the General Assembly of the Commonwealth of
Kentucky , That from and after the passage of this act, on all judg¬
ments rendered upon obligations payable in bank notes, and where
the same shall have been scaled or reduced to a specie standard
by the jury, the defendant or defendants in all such cases shall
only be allowed three months’ replevin.

§ 2. Be it further enacted , That it shall be the duty of any tribu-
nal which may pronounce judgment upon obligations of the des¬
cription aforesaid, to connect with the record of said judgment, a
statement that it was rendered on a written agreement for the

THE SENATE.

249

payment of banknotes, and that the same has been scaled; and
the clerk or justice of the peace shall make a similar endorsement
on any execution that may issue thereon.

§ 3. Ik it further enacted , That the clerk or justice of the peace
shall endorse on the execution which may issue on such three
months’ replevy bonds as aforesaid, taken under the provisions of
this act, that no security shall be taken; and any estate or proper¬
ty levied upon by virtue of such executions, shall be appraised by
the commissioners appointed by the county court, to its fair value
in the money of the United States, and shall not be sold, except
with the assent of the owner, unless such estate will sell for three-
fourths of such appraised value, subject to the rules and regula¬
tions contained in the act to regulate endorsements on executions,
approved December 21st, 1821.

§ 4. Be it. further enacted, That justices of the peace shall have
jurisdiction on all notes, bonds or obligations for the payment of
notes on the Bank of the Commonwealth of Kentucky, the Bank
of Kentucky, or the current bank paper of Kentucky, or of any of
the United States, or of the United States, not exceeding fifty dol¬
lars, any law to the contrary notwithstanding.

Mr. Owens then moved the following sections in lieu ofsaid bill,
to wit:

j 1. [Insert, after the enacting clause :] That hereafter, in any
suit depending upon any contract for the payment of notes of the
Bank ofKentucky or of the Commonwealth, or for the payment
of the current paper of the state, such debt shall not be scaled by
the court or justice of the peace before whom such suit shall be
determined; but judgment shall be given for the full amount of
such debt, to be discharged in the paper of tire Bank of the Com¬
monwealth, or Bank of Kentucky: Provided, the plaintiff or his
attorney, at the calling or hearing of such suit, makes a written
statement on the declaration or warrant, in substance, that he or
she is willing to lake notes on the Bank of the Commonwealth of
Kentucky, in discharge of such debt; and the clerk or other offi¬
cer issuing execution upon such judgment, shall endorse upon such
execution, that the officer may, in discharge of such execution,
take notes on the Bank of the Commonwealth ofKentucky; and
in such case the defendant or defendants shall be entitled to three
months’ replevin only, by giving the officer bond and approved
security to pay the plaintiff the amount of such debt, interest and
cost, in the paper of the Bank of the Commonwealth of Kentucky,
in three months; which bond shall be returned to the proper of¬
fice, and in case said bond is not discharged when the same be¬
comes due, the clerk orjustice of the peace, upon the application
of the plaintiff, shall issue an execution for the amount of such
bond, upon which the same endorsement shall be made, and that

2 G

250

JOURNAL OS'

no security of any kind is lobe taken by the officer collecting the
same, and such officer shall Ire governed accordingly.

§ 2. Be it further enacted, That justices of the peace shall have
jurisdiction on all notes, bonds or obligations for the payment of
notes on the Bank of the Commonwealth of Kentucky, Bank of
Kentucky, or the current bank paper of Kentucky, not exceeding
fifty dollars, any law to the contrary notwithstanding.

And the question being taken on the adoption thereof, it was
resolved in the affirmative*—Yeas 28, nays 8.

The yeas and nays being lequired thereon by Messrs. Dawson
and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, C. II.
Allen, Ballinger, Barbee, Barrett, Beauchamp, Blackburn, Bow¬
man, Cowan, Dawson, Duncan, Ewing, Faulkner, Flournoy,
Hickman, Howard, Lyon, Mayo, Miller, Morchead, Owens, Ro¬
per, Rudd, Smith, J. Ward, White, Williams and Worthington.

Those who voted in the negative, are, Messrs. Carneal, David¬
son, Forsythe, M’Afce, Marshall, Towles, T. Ward and Wicltliff.

Mr. Howard then moved to amend the bill, by adding thereto
the following sections, to wit:

§ 3. Be it further enacted. That in case the plaintiff fails or refu¬
ses to make a written statement, as permitted by the first section
of this act, that he or she is whiling to take the paper of the Bank
of the Commonwealth of Kentucky, in discharge of his or her
judgment, and the court or justice of the peace shall scale the
same to a specie standard, by their judgment or by the verdict of
a jury, when the same shall amount to twenty dollars or upwards,
the defendant or defendants shall, in all such cases, be allowed a
replevin of three months only; and it shall be the duty of the court ^
orjustice of the peace, pronouncing the judgment upon obliga¬
tions of the description aforesaid, which may be scaled as afore¬
said, to connect with the record of said judgment, a statement
that it was rendered on a written agreement, note, or obligation
for the payment of bank notes or current paper, and that the same
has been scaled; and the clerk or justice of the peace shall make
a similar endorsement on any execution that may issue thereon.

§ 4. Be it further enacted, That the clerk or j ustice of the peace,
shall endorse on the execution which may issue on such three
months’ replevin bond as aforesaid, taken under the provisions ot
this act, that no security shall be taken; and all property, ol every
kind, taken by virtue of such executions, shall be valued by the
commissioners appointed by the county court, at its value in spe¬
cie, subject to the rules and regulations contained in the act to
regulate endorsements on executions, approved December 21st,
1821; and it shall be the duty of the defendant in execution to <
have said valuation made.

And the question being taken thereon, it was resolved in the
affirmative—Yeas 18, nays 17.

The yeas and nays being required thereon by Messrs. Howard
and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, Bal¬
linger, Barbee, Barrett, Blackburn, Bowman, Cowan, Davidson,
Faulkner, Howard, M’Afee, Marshall, Roper, Rudd, Towles, J.
Ward, White and Williams.

Those who voted in the negative, are, Messrs. C. H. Allen,
Beauchamp, Dawson, Duncan, Ewing, Flournoy, Forsythe, Hick¬
man, Lyon, Mayo, Miller, Morchead, Owens, Smith, T. W ard,
Wicklin and Worthington.

Mr. Owens then moved to lay the bill on the table until the first
day of June next; and the question being taken thereon, it was
resolved in the negative—Yeas 12, nays 24.

The yeas and nays being required thqreon by Messrs. Owens
and Howard, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Beauchamp, Dawson, Duncan, Ewing, Forsythe, Marshall, Mayo,
Miller, Morehead, Owens and Wickliff.

Those who voted in the negative, are, Messrs. C. Allan, Ballin¬
ger, Barbee, Barrett, Blackburn, Bowman, Carneal, Cowan, Da¬
vidson, Faulkner, Flournoy, Hickman, Howard, Lyon, M’Afee;
Roper, Rudd, Smith, Towles, J. Ward, T. Ward, White, Williams
and Worthington.

The bill was then read a third time,

And the Senate adjourned.

TUESDAY, DECEMBER

The Senate assembled.

Mr. Ewing, from the committee of propositions and grievances,
made the following report, to wit:

The committee of propositions and grievances have, according
to order, had under consideration the petition of sundry citizens
of Fayette county, remonstrating against the passage of a law lay¬
ing off said county into election precincts, and have come to the
following resolution thereupon, to wit:

Resolved, That said petition be rejected.

Which was twice read and concurred in.

Mr. Roper, from the committee for courts of justice, made the
following report, to wit:

The committee for courts of justice have, according to order,
had under consideration two bills from the House of Representa¬
tives, of the following titles, to wit: An act for the benefit of the
administrators of Rezin Clubb. deceased, and an act for the bene-

■■

■A «WiMf|f||

JOURNAL OF

fit of the representatives of John Bacon, deceased, and have come
to the following resolution thereupon, to wit:

Resolved , That the said bills ought to pass.

Which was concurred inland the bills read a third time.

Resolved , That the said bills do pass, and that Messrs. C. II.
Allen inform the House of Representatives thereof.

Mr. M’Afee read and laid on the table a resolution for printing a
certain number of copies of the decisions of the Court of Appeals
on the replevin and endorsement laws.

Mr. Williams, from the joint committee of enrolments, reported
that they had examined enrolled bills of the following titles, to wit:
An act to repeal all laws which give the right of replevy to officers
and attorneys at law, who officially collect money and refuse to
pay over the same, and for other purposes; an act for the benefit
of Peter Breeding and others of Casey county, and an act to cor¬
rect an accidental variance in the hooks of the Auditor and
Treasurer; and had found the same truly enrolled.

The Senate received a message from (he House of Representa¬
tives, announcing that their Speaker had signed said bills.

Whereupon the Speaker of the Senate signed them, and they
were delivered to the joint committee of enrolments, to be laid
before the Governor; and after some time, Mr. AVilliams reported
that they had performed that duty.

The Senate received several messages from the House of Repre¬
sentatives, announcing the passage of the following bills which
originated in the Senate: An act for the benefit of the devisees of
John Thruston, deceased; an act for the benefit of the heirs of
Philip Buckner, deceased, and an act to amend the law concern¬
ing ferries—with amendments to the latter; and that they had
passed bills of the following titles, to wit: An act for the benefit of
John Kinkaid’s heirs; an act for the benefit of Rachael Fleming
and Elizabeth Dale; an act to prevent the masters of vessels and
others from employing or removing persons of colour from this
State; an act appointing commissioners for the protection of the
navigation of Big Barren river; an act to provide for the sale of
so much of the real estate of William M’Dowell and William S.
TVI’Dowell, deceased, as may be necessary to pay their debts, and
an act to extend the terms of the Green circuit court.

The bill and amendment concerning ferries, were committed to
Messrs. Carneal, White and Wicklitf.

Mr. Lyon reported a bill authorising the county court of Cald¬
well county to contract for the ferriage of the citizens of the south
side of Cumberland river, in said county; which was read the first
time.

The rule being dispensed with, said bill was read a second and
third times, (having been engrossed.)

,•! ' • ' “..

THE SENATE.

Resolved , That the said bill do pass, and that the title be, “ an
act authorising the county court of Caldwell county to contract for
the ferriage of the citizens of the soutli side of Cumberland river,
in said county.”

Ordered , That Mr. Lyon inform the House of Representatives
thereof, and request their concurrence.

Mr. Ewing, from the select committee to whom was referred
“a bill supplemental to an act to (ix the ratio and apportion the
representation for the ensuing four years,” reported the same with
amendments.

Mr. Flournoy moved to lay the bill and amendments on the
table until the first day of July next; and the question being tak¬
en thereon, it was resolved in the affirmative—Yeas 19, nays 16.

The yeas And nays being required thereon by Messrs. Flournoy
and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, C.
H. Allen, Barbee, Bowman, Carneal, Cowan, Davidson, Faulk¬
ner, Flournoy, Forsythe, Hickman, Howard, Marshall, Morehead,
Roper, Rudd, Towles, White and Williams.

Those who voted in the negative, are, Messrs. Ballinger, Bar¬
rett, Beauchamp, Blackburn, Dawson, Duncan, Ewing, Lyon, M’-
Afee, Mayo, Miller, Owens, Smith. J. Ward, T. Ward and Wick-
liff.

Mr. Faulkner, from the committee of privileges and elections,
made the following report, to wit:

The committee of privileges and elections have, according to
order, had under consideration the returns from the senatorial
districts, and do report the following gentlemen elected, to wit:
From the counties of Caldwell, Livingston, Hickman and Callo-
■way, Chittenden Lyon; Christian, Trigg and Todd, Young Ew¬
ing; Butler, Muhlenberg and Grayson, William Worthington;
Logan and Simpson, Charles Morehead; Warren and Allen.
Anack Dawson; Barren and part of Monroe, John Gorin; Cum¬
berland, Wayne, and part of Monroe, Granville Bowman; Hardin
and Bullitt, Christopher Miller; Green and Hart, Elias Barbee;
Jefferson, JamesW. Denny; Nelson, Martin H. Wickliff; Wash¬
ington, Jeroboam Beauchamp; Henry,Charles Id. Allen; Shelby,
Samuel AY. AVhite; Mercer, Robert B. M’Afee; Garrard, John
Faulkner; Knox, Clay, Whitley and Harlan, Richard Ballinger;
Gallatin, Pendleton and Grant, John Forsythe; Boone and Camp¬
bell, Thomas D. Carneal; Woodford and Jessamine, William B.
Blackburn; Fayette, Matthews Flournoy ; Clarke, Chilton Allan;
Montgomery and Estill, Samuel L. Williams; Bath, Floyd, Mor¬
gan, Pike and part of Perry and Lawrence, Henry B. Mayo; Ma¬
son, James AVard; Fleming, William P. Roper; Nicholas and
Bracken, John H. Rudd; Bourbon, John L. Hickman; Scott,
Rodes Smith; Madison, Thomas C. Howard: Harrison, Peter

254

JOURNAL OF

Barrett; Breckinridge, Daveiss and Ohio, Benjamin Duncan;
Lincoln and Rockcastle, James Davidson; t ranklin and Owen,
John J. Marshall; Henderson, Hopkins and Union, Thomas
Towles; Pulaski, John Cowan; Adair and Casey, Vv illiam
Owens; Greenup, Lewis and part of Lawrence, I homson aid.

It was moved and ; seconded to re-considcr the vote on yester¬
day, wherebv the resolution for printing the preamble and resolu¬
tions of the Legislature in relation to the decisions on the replevin
and occupying claimant laws, was laid on the table; and the ques¬
tion being taken thereon, it was resolved in the affirmative—Yeas
20, nays 16.

The yeas and nays being required thereon by Messrs. Beau¬
champ and T. Waial, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Carneat, Dawson, Dun¬
can, Ewing, Forsythe, Lyon, M’Afee, Mayo, Miller, Morehead,
Owens, Rudd, Smith, T. Ward and Worthington.

Those who voted in the negative, are, Messrs. C. Allen, black-
burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickman.
Howard, Marshall, Roper, Towles, J. Ward, White,. Wicklill
and Williams.

The resolution was then read as follows, to wit:

Resolved by the General Assembly of the Commonwealth of hen-
lucky , That Kendall & Co. print 1,000 copies of the preamble
and resolutions of this Legislature in relation to the decision o
the Court of Appeals on the replevin and endorsement laws, arid
the decision of the Supreme Court of the United States on the
occupying claimant laws, for the use of the members to be dis¬
tributed among the good people of this commonwealth, together
with the yeas and nays taken on the adoption of the said preamble
and resolutions.

Mr. C. Allan moved to amend the resolution, by attaching

thereto the following clause, to wit:

“Also, the decision ofthe Judges of the Court of Appeals on
the endorsement and replevin laws, and the argument oH homas
Montgomery in answer to the preamble of John Rowan.

* A division ofthe question being called for, it was first taken on
printing the decision of the Court of Appeals, and it was resolved
in the negative—Yeas 17, nays 18.

The yeas and nays being required thereon by Messrs. C. Allan
and Howard, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan,
Blackburn, Carneal, Cowan, Davidson, Faulkner, Flournoy, Hick¬
man, Howard, Marshall, Roper, Rudd, Smith, Towles, J. Ward,
WicklifF and Williams.

Those who voted in the negative, are, Messrs. C. H. Allen, bai
linger, Barbee, Barrett, Beauchamp, Dawson, Duncan, Living,

THE SENATE.

255

Forsythe, Lyon. M'Afce, Mayo, Miller, Morehead, Owens, T.
Ward, White and Worthington.

The question was then taken on the other branch of the amend¬
ment, and it was resolved in the negative—Yeas 15, nays 21.

The yeas and nays being required thereon by Messrs. C. Allan
and Howard, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, Black¬
burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickman,
Howard, Marshall, Roper, Rudd, Towles, J. Ward and Williams.

Those who voted in the negative, are, Messrs. C. FI. Allen, Bal¬
linger, Barbee, Barrett Beauchamp, Carneal, Dawson, Duncan,
Ewing, Forsythe, Lyon, M’Afee, Mayo, Miller, Morehead, Owens,
Smith, T. Ward, White, Wickliff and Worthington.

Mr. Hickman then moved to amend the resolution, by striking
out the words “ preamble and and the question being taken
thereon, it was resolved in the negative—Yeas 16, nays 20.

The yeas and nays being required thereon by Messrs. Hickman
and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, Black-

I burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickman,
Howard, Marshall, Roper, Towles, J. Ward, White, Wickliff and
-Williams.

Those who voted in the negative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Carneal, Dawson, Dun¬
can, Ewing, Forsythe, Lvon, M’Afee, Mayo, Miller, Morehead,
Owens, Rudd, Smith, T. Ward and Worthington.

The question was then taken on the adoption thereof, and it
was resolved in thtS affirmative—Yeas 20, nays 16.

The yeas and nays being required thereon by Messrs. Howard
aud M’Afee, were as follows, to wit:

Those who voted in the affirmative, arc, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Carneal, Dawson, Dun¬
can, Ewing, Forsythe, Lyon, M’Afee, Mayo, Miller, Morehead,
Owens, Rudd, Smith, T. Ward and Worthington.

Those who voted in the negative, are, Messrs. C. Allan, Black¬
burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickman,
Howard, Marshall, Roper, Towles, J. Ward, White, Wickliff and
Williams.

Oi clcredf I hat Mr. M Afee inform the House of Representatives
thereof, and request their concurrence.

I he Senate took up the following message from the Governor
to wit:

Gentlemen o f the Sctuite,

1 he recommendations having been made to me agreeably to
the provisions of the constitution, I nominate for your advice and

C n 01 If nt Br-n Cph ^ U1 ’’ James Woolfolk, John H. Trent, William
Ditto, William Garnett, Joseph Atwell, Robert Washington and

256 JOURNAL OF

William Fausliec, justices of the peace; Benjamin Sh'acldett,
sheriff, and Jesse Shacklett, coroner, in and lor the county ot
Meade.

JOHN ADAIR.

December 27, 1823.

Resolved, That the Senate advise and consent to said appoint¬
ments, and that Messrs-. Miller and Dawson inform the Governor
thereof.

Mr. T. Ward, from the select committee to whom was referred
a bill from the House of Representatives, entitled “ an act to reg¬
ulate the issuing executions,” reported the same with amend¬
ments.

The first section of the bill was read as follows, to wit:

§ 1. Be it enacted by the General Assembly of the Commonwealth of
Kentucky, That all aud every act and acts, and part of any act or
acts, which authorises any proceeding in any civil case, in law or
in chancery, or upon any execution, otherwise, or in any manner
contrary to an act entitled “an act to abolish imprisonment for
debt and subject equitable interests to execution,” approved De¬
cember 17th, 1821; or in any other manner, or contrary to ano¬
ther act, entitled “ an act to amend an act to regulate endorse¬
ments on executions,” approved December 21st, 1821, shall be,
and the same are hereby repealed: Provided, however, that this
act shall not be construed to extend to, or in anywise affect the
provisions of an act entitled “an act to amend an act regulating
endorsements on executions,” approved December 7th, 1822; and
provided also, that this act shall not be construed to extend toexe
cutions issued upon judgments obtained against sheriffs or other
officers, or attorneys at law, for official defalcations; and provided
also, that nothing herein contained shall be construed to prohibit
any court from issuing any writ of habere facias possessionem, or
other writ of possession in real actions.

The first amendment proposes to strike out the words, “ That
all and every act and acts, and part of any act or acts, which author¬
ises any proceeding in any civil case, in law or in chancery, or up¬
on any "execution,” and insert in lieu thereof the words, “That ail
laws which authorise the issuing of any execution upon any judg¬
ment or decree of any court or justice of the peace within this
commonwealth, or which authorise proceedings on any execu¬
tion.”

And the question being taken on said amendment, it was resolv¬
ed in the affirmative—Yeas 22, nays 11.

The yeas and nays being required thereon by Messrs. Black¬
burn and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, arc, Messrs. C. H. Allen,
Ballintrer, Barbee, Barrett, Beauchamp, Dawson, Duncan, Ewing,

• .u.iiu.-T

TIIE SENATE.

Forsyilrc, Hickman, Lyon, M’Afee, Mayo, Miller, Morehead, Ow¬
ens, Rudd, Smith, T. Ward, White, Wickliff and Worthington.

Those who voted in the negative, arc, Messrs. C. Allan, Black¬
burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Howard,
Towles,./. Ward and Williams.

The other amendments were concurred in, and the bill read a
third time.

The question was then taken on the passage thereof, as amend¬
ed, and it was resolved in the affirmative—Yeas 19, nays 1G.

1 lie yeas and nays being required thereon by Messrs. Black¬
burn and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Caracal, Dawson, Dun¬
can, Ewing, Forsythe, Lyon, M’Afee, Mayo, Miller, Morehead,
Owens, Rudd, T. Ward and Worthington.

Those who voted in the negative, are, Messrs. C. Allan, Black¬
burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickman,
Howard, Marshall, Smith, Towles, J. Ward, White, Wickliff and
Williams.

Resolied, That the said bill, as amended, do pass, and that Mr.
T. Ward inform the House of Representatives thereof.

A bill for the benefit of securities, and a bill to carry into oper¬
ation the Lunatic Asylum, were severally 7 taken up.

The former bill was read a third time; and the question being
taken on the passage thereof, it was resolved in the affirmative—
\ eas 22, nays 11.

The yeas and nays being required thereon by Messrs. Wickliff
and Ewing, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. II. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Blackburn, Carneal,
Cowan, Ewing, Faulkner, Forsythe, Howard, M’Alee, Marshall,
Mayo, Miller, Owens, Rudd, Towles, J. Ward, T. Ward and
Williams.

Those who voted in the negative, are, Messrs. C. Allan, Bow¬
man, Davidson, Dawson, Duncan, Flournoy, Hickman, Lyon,
White, Wickliff and Worthington.

Resolved , That the said bill do pass, and that the title be “ an act
for the benefit of securities.”

Ordered , That Mr. Howard inform the House of Representa¬
tives thereof, and request their concurrence.

The latter bill was committed to Messrs. M'Afce, Flournoy,
Ewing and C. Allan.

The following bills were reported, to wit:

By Mr. T. Ward—A bill to alter the time of holding certain cir¬
cuit and county courts,

By Mr. Owens—A bill for the benefit of Nancy Cravens.

2 II

" 6

258 JOURNAL OF

And by Mr. Marshall—A bill to regulate the jurisdiction of the
General Court.

Which were severally read the first time; and the rule being
dispensed with, they were read a second and third times, (having
been engrossed.)

Resolved, That the said bills do pass, and that the titles be, res¬
pectively, “an act to alter the time of holding certain circuit and
county courts;” “an act for the benefit of Nancy Cravens,” and
an act to regulate the jurisdiction of the General Court.”

Ordered. That Mr. Owens inform the House of Representatives
thereof, and request their concurrence.

And then the Senate adjourned.

WEDNESDAY, DECEMBER 31, 1823.

The Senate assembled.

Mr. M’Afee, from the committee for courts of justice, to whom
was referred a bill from the House of Representatives, entitled
“an act for the benefit of the widow and heirs of James Dunbar,
deceased,” reported the same with an amendment, which was con¬
curred in, and the bill read a third time.

Resolved, That the said bill, as amended, do pass, and that Mr,
Mayo inform the House of Representatives thereof.

The vote whereby a bill for the improvement of the navigation
of the Kentucky river, was rejected, was re-considered, and the
bill amended'; and having been engrossed, it ivas read a third time.

The question being taken on the passage thereof, it was resolv¬
ed in the affirmative—Yeas 23, nays 13.

The yeas and nays being required thereon by Messrs. Bowman
and Blackburn, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan,
Barbee, Beauchamp, Blackburn, Carneal, Davidson, Ewfing,
Faulkner, Flournoy, Hickman, Howard, Lyon,M’Afee, Marshall,
Mayo, Miller, Smith, Towles, J. Ward, T. Ward, White, Wil¬
liams and Worthington.

Those who voted in the negative, are, Messrs. C. H. Allen,
Ballinger, Barrett, Bowman, Cowan, Dawson, Duncan, Forsythe,
Morehead, Owens, Roper, Rudd and Wickliff.

Resolved, That the said bill do pass, and that the title be, “ an
act to improve the navigation of the Kentucky river.”

Ordered , That Mr. Biackburn inform the House of Representa¬
tives thereof, and request their concurrence.

The Senate received a message from the Flouse of Representa¬
tives, announcing that they had received official information that
the Governor had, on the 27th and 29th instant, approved and
signed enrolled bills, and a preamble and resolutions, which ori-

• •. ■

THE SENATE.

ii •{

innated in that house, ofthe following titles, to wit: An act for
the benefit of the widow anil children of Edward M'Guire, deceas¬
ed; an act for the benefit of Benjamin Wright; an act allowing
additional justices of the peace to certain counties; an act for the
benefit of Thomas Pitman; an act providing for a change of venue
in the case of William Cornwell; an act to prolong and continue
in force an act for the benefit of Joseph Barnett and his associates;
an act for the benefit of the heirs of Byrd' Linear; an act to abol¬
ish an election precinct in Cumberland county ; an act foi the
benefit of Frederick Snider; an act for the benefit of John Cotrcll;
an act to amend the law in relation to the turnpike and wilderness
road; an act for the benefit of the late sheriffs ol Ohio, Breckin¬
ridge and Daveiss counties; an act for the relief of the acting ex¬
ecutors of William Hardin, deceased; an act to repeal in part an
act entitled “an act to amend an act regulating taverns and res¬
training tippling houses; an act to compensate John Sterrett loi
surveying the road from Bowlinggreen to the mouth ot Clover
creek on the Ohio river; an act incorporating the Harrodsburg
Library Company; an act to amend an act authorising a lottery
for opening a road from Beaver Creek Iron-Works to Piestons-
burg, and for other purposes; an act to prescribe the duties ofthe
Judges ofthe Court of Appeals, and for other purposes; an act
more effectually to suppress gaming; an act to repeal all laws
which give the right of replevy to officers and attorneys at law',
who officially collect money arid refuse to pay over the same, and
for other purposes; an act to fix the ratio and apportion (he rep¬
resentation for the next ensuing four years; and a preamble and

resolutions of the Legislature of Kentucky, in relation to the de¬
cisions of the Court of Appeals on the replevin and endorsement
laws, and the Supreme Court of the United States on the occupy¬
ing claimant laws of said State. Also, the passage of bills^ of the
following titles, to wit: An act for the benefit of Daniel Trabue
and others; an ac t-to regulate certain conveyances; an act for the
benefit of Alexander Guffey; an act to improve the navigation of
Big Sandy river; an act to amend the acts concerning elections ;
an act to amend the law concerning ferries, and an act for tnc

relief of James M. Pike ; and that they had concurred in the
amendments made by the Senate, to a bill entitled " an act to
regulate the issuing of executions;” and also, that they had con¬
curred in a resolution from the Senate, fixing a day for the ad¬
journment of the Legislature, with an amendment.

Ordered , That the communication of !\ Hliam Littell, concern¬
ing the publication of Term Reports, be committed to Messrs*
Marshall, Blackburn and Roper.

Mr. Carneal, from the select committee to w' < m was referred
“ a bill to amend the law concerning ferries,” with the amend:

2G0

JOURNAL OF

ments made thereto by the House of Representatives, reported the
same without amendment.

Resolved , That the Senate concur in the amendments made to
said bill by the House of Representatives.

Ordered , That Mr. Caracal inform the House of Representatives
thereof.

The following hills were reported, to wit:

By Mr. Towles—A bill for the benefit of Thomas Rutledge.

And by Mr. Ewing—A bill to allow additional justices of the
peace to the counties of Trigg and Garrard.

Which were severally read the first time; and the rule being
dispensed with, they were read a second and third times, (having
been engrossed.)

Resolved , That the said bills do pass, and that the titles be, res¬
pectively, “ an act for the benefit of Thomas Rutledge,” and “ an
act to allow additional justices of the peace to the counties of
Trigg and Garrard.”

Ordered , That Mr. Ewing inform the House of Representatives
thereof, and request their concurrence.

A bill from the House of Representatives, entitled “ an act for
the benefit of James M. Pike,” was read the first time; and the
rule being dispensed with, it was read a second and third times.

Resolved , That the said bill do pass, and that Mr. Owens inform
the House of Representatives thereof.

Mr. Williams, from the joint committee of enrolments, reported
that they had examined enrolled bills and an enrolled resolution,
of the following titles, to wit: An act to amend the law concerning
ferries; an act for the benefit of the heirs of Philip Buckner, de¬
ceased; an act for the benefit of the devisees of John Thruston,
deceased; an act for the benefit of James M. Pike, and a resolution
as to the qualification of Presidents and Directors of the Banks;
and ha.d found the same truly enrolled.

Tile Senate received a message from the House of Representa¬
tives announcing that their Speaker had signed said bills and re¬
solution.

Whereupon the Speaker of the Senate signed them, and they
were delivered to the joint committee of enrolments, to be laid
before the Governor; and after some time, Mr. Williams reported
that they had performed that duty.

Mr. M’Afee, from the select committee to whom was referred
“ a bill to repeal all laws allowing a replevin of two years on con¬
tracts entered into after the first day of June next,” reported the
same wit: amendments.

The first section of the bill was then read as follows, to wit:

§ 1 .Be it enacted by the General Assembly of the Commonwealth of
Kentucky , That from and after the first day .if June next, all laws
or parts of laws allowing a replevin of two years, or for a longer

THE SENATE.

.‘“itilfr ■!

it 4

or greater time than three months, or directing the valuation of
property taken under execution, be, and the same arc hereby re¬
pealed, as to all contracts, obligations or causes of action which
originate after said period, except as to notes, bonds or obli¬
gations given or renewed in any bank or corporation within this
commonwealth.

The first amendment, which proposes to strike out the words
a or directing the valuation of property taken under execution,
was concurred in.

Mr. C. 11. Allen then moved to lay the bill and amendments on
the table until the first day of June next; and the question being
taken thereon, it was resolved in the negative—Yeas 8, nays 26.

The yeas and nays being required thereon by Messrs. Roper
and Flournoy, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. II. Allen,
Ballinger, Dawson, Duncan, Forsythe, Miller, Owens and Wick-
liff.

Those who voted in the negative, are, Messrs. C. Allan, Bar¬
bee, Barrett, Beauchamp, Blackburn, Bowman, Caracal, Cow¬
an, Davidson, Ewing, Faulkner, Flournoy, Hickman, Howard,
Lyon, M’Afee, Marshall, Mayo, Morehead, Roper, Smith, Towles,
T. Ward, White, Williams and Worthington.

Mr. Hickman then moved to re-consider the vote whereby the
first amendment was concurred in; and the question being taken
thereon, it was resolved in the negative \ eas 15, nays 20.

The yeas and nays being required thereon by Messrs. Hickman
and Roper, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan. C.
II. Allen, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hick¬
man, Howard, Owens, Roper, Towles, J. Ward, WLckliff and
Williams.

Those, who voted in the negative, arc, Messrs. Ballinger, Bar¬
bee, Barrett, Beauchamp, Carneal, Dawson, Duncan, Ewing,
Forsythe, Lyon, M’Afee, Marshall, Mayo, Miller, Morehead,
Rudd, Smith, T. Ward, White and Worthington.

The next amendment proposes to add to the bill the following-
section, to wit:

“ All real estate taken by execution under the provisions of this
act, shall be valued by the commissioners appointed by the county-
courts, at its value in gold or silver, subject to the rules and regu¬
lations contained in the “ act to regulate endorsements on execu¬
tions,” approved December 21st, 1821:” Provide'/, that in all
cases where the defendant or defendants fails or refuses to replevy
for three months, as allowed by this act, the real estate so taken
under execution shall be sold on a credit of three months, provided
the same will command three-fourths of its value so assessed by the
commissioners aforesaid.”

2G2

JOURNAL OF

Mr. C. H. Allen then moved further to amend said amendment,
by inserting, after the word “ real,” in the first line, the words “ or
personal;” and the question being taken thereon, it was resolved
in the negative—Yeas 16, nays 19.

The yeas and nays being required thereon by Messrs. Roper
and C. H. Allen, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Dawson, Duncan, For¬
sythe, Mayo, Miller, Morehead, Owens, Rudd, J. Ward, Wicklilf
and Worthington. ,

Those who voted in the negative, are, Messrs. C. Allan, Black¬
burn, Bowman, Carneal, Cowan, Davidson, Faulkner, Flournoy,
Hickman, Howard, Lyon, M'Afec, Marshall, Roper, Smith,
Towles, T. Ward, White and Williams.

Mr. Flournoy moved further to amend the bill, by attaching
thereto the following section, to wit:

Be it further enacted,, That nothing in this act shall be so constru¬
ed as to change or affect the operation of an act entitled “ an act
to amend an act entitled an act regulating endorsements on execu¬
tions,” approved December 7th, 1822.

And the question being taken thereon, it was resolved in the
affirmative—Yeas 24, nays 12.

The yeas and nays being required thereon by Messrs. Flournoy
and Williams, were as follows, to wit:

Those who voted in the aliirmative, are, Messrs. C. Allan, C.
LI. Allen, Ballinger, Barbee, Blackburn, Bowman, Cowan, Da¬
vidson, Dawson, Faulkner, Flournoy, Hickman, Howard, Miller,
Morehead, Owens, Roper, Rudd, Smith, Towles, J. Ward, White,
Wicklilf and Williams.

Those who voted in the negative, are, Messrs. Barrett, Beau¬
champ, Carneal, Duncan, Ewing, Forsythe, Lyon, M’Afee, Mar¬
shall, Mayo, T. Ward and Worthington.

The question was then taken on re-engrossing the bill and read¬
ing it again, and it was resolved in the affirmative—Yeas 23,
nays 13.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Flournoy, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, Bar¬
bee, Blackburn, Bowman, Carneal, Cowan, Davidson, Ewing,
Faulkner, Flournoy, Hickman, Howard, Lyon, M’Afee, Marshall,
Mayo, Miller, Smith, Towles, J. Ward, T. Ward, White and
Williams.

Those who voted in the negative, are, Messrs. C. H. Allen,
Ballinger, Barrett, Beauchamp, Dawson, Duncan, Forsythe,
Morehead, Owens, Roper, Rudd, Wicklilf and Worthington.

The bill was then read a third time; and the question being
’akenon the passage thereof, it was resolved in the affirmative—
Yeas 21, nays 15.

THE SENATE.

263

The yeas and nays being required thereon by Messrs. Williams
and Beauchamp, were as follows,to wit:

Those who voted in the affirmative, are, Messrs, C. Allan, Bar¬
bee, Blackburn, Bowman, Carneal, Cowan, Davidson, Ewing,
Faulkner, Flournoy, Hickman, Howard, Lyon, M’Afee, Marshall,
Smith, Towles, J. Ward, T. Ward, White and Williams.

Those who voted in the negative, are, Messrs. C. H. Allen,
Ballinger, Barrett, Beauchamp, Dawson, Duncan, Forsythe,Mayo,
Miller, Morehead, Owens, Roper, Rudd, WicklilF and Worthing¬
ton.

Resolved , That the said bill do pass, and that the title be, “ an
act to repeal all laws allowing a replevin of two years on con¬
tracts entered into after the first day of June next.”

Ordered , That Mr. M’Afee inform the House of Representatives
thereof.

Mr. Flournoy, from the select committee to whom was referred
“ a bill to carry into operation the Lunatic Asylum,” reported the
same with amendments, which were concurred in with amend¬
ments, and the bill, having been engrossed, was read a third time.

Mr. Owens moved to amend the bill, by attaching thereto the
following section, to wit:

Provided, however. That idiots shall be permitted to remain with
their parents or near relations, if such parent or parents so desire,
and such parent or parents shall be authorised to continue in
possession of such idiot as heretofore directed by law: Provided ,
however , that the court shall not make a greater allowance for the
keeping such idiot, than it would cost for keeping such person in
said Asylum.

And the question being taken thereon, it was resolved in the
affirmative—Yeas 27, nays 7.

The yeas and nay's being required thereon by Messrs. David¬
son and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, Bal¬
linger. Barbee, Barrett, Beauchamp, Blackburn, Bowman, Car-
neal, Cowan, Davidson, Dawson, Duncan, Ewing, Faulkner, For¬
sythe, Howard, Lyon, M’Afee, Marshall, Mayo, Miller, Morehead,
Owens, Rudd, J. Ward, White and WicklilF.

Those who voted in the negative, are, Messrs. Flournov, Hick¬
man, Roper, Smith, Towles, T. Ward and Williams.

The bill was then read a third time.

Resolved , That the said bill do pass, and that the title be, an
act to carry into operation the Lunatic Asylum.”

Ordered , That Mr. Flournoy inform the House of Representa¬
tives thereof, and request their concurrence.

And then the Senate adjourned.

wmm

JOURNAL OF

THURSDAY, JANUARY 1, 1824,

otMHKK '18

THE SENATE. 2C5

shall serve as a Director in said bank, more than three years in
succession, and that not more than two-thirds of the Directors of
‘ said bank and branches, who are in otlice at the time of an annual
! election, shall be elected for the next succeeding year, be, and the
j same is hereby repealed.

And the question being taken upon concurring therein, it was
resolved in the negative—Yeas 15, nays 16.

The yeas and nays being required thereon by Messrs. Faulkner
and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, Bar-
j bee, Blackburn, Bowman, Cowan, Davidson, Faulkner, Flournoy,
Hickman, Smith, Towles, J. Ward, White, Wield iff and Williams.

Those who voted in the negative, are, Messrs. C. H. Allen,
Ballinger, Barrett, Beauchamp, Caracal, Dawson, Duncan, Lyon,
M’Afee, Marshal), Mayo, Miller, Morehead, Owens, T. Ward and
Worthington.

The amendments to the second and third bills were concurred
in.

Ordered, That Mr. Howard inform the House of Representatives
thereof.

The amendment to the fourth bill was committed to Messrs.

■ Marshall, Worthington, M’Afee and Morehead.

It was moved and seconded to re-consider the vote whereby the
bill supplemental to the act fixing the ratio and apportioning the
representation for the ensuing four years, was laid on the table
until the first day of June next; and the question being taken
. thereon, it was resolved in the affirmative—Yeas 17, nays 17, the
Lieutenant-Governor voting in the affirmative.

The yeas and nays being required thereon by Messrs. Owens
I and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Dawson, Duncan, Ewing,
Lyon, M’Afee, Mayo, Miller, Owens, Smith, T. Ward, WicklifF
and Worthington.

Those who voted in the negative, are, Messrs. C. Allan, Black¬
burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickman,
j Howard, Marshall, Morehead, Roper, Rudd, Towles, J. Ward,
White and Williams.

Mr. Bowman then moved to lay the bill and amendments on the
I table until the first day of August next; and the question being
I taken thereon, it was resolved in the affirmative—Yeas 18, nays
’ 17 -

The yeas and nays being required thereon by Messrs. Bowmap
I and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan,
s Blackburn, Bowman, Cowan, Davidson, Faulkner, Flournoy. For-

sythe, Hickman, Howard, Marshall, Morehead, Roper, Rudd,
Towles, J. Ward, White and Williams.

Those who voted in the negative, are, Messrs. C. II-. Allen, Bal¬
linger, Barbee, Barrett, Beauchamp, Carneal, Dawson, Duncan,
Ewing, Lyon, M’Afee, Mayo, Miller, Owens, T. Ward, Wicldiff
and Worthington.

The amendment made by the House of Representatives to the
resolution for a final adjournment of the Legislature, was taken
up and concurred in.

Ordered , That Mr. Faulkner inform the House of Representa¬
tives thereof.

Mr. T. Ward, from the select committee to whom was referred
an engrossed bill entitled “an act for the benefit of sheriffs,” re¬
ported the same without amendment, and it was read a third
time.

Resolved, That the said bill do pass, and that the title be, “ an
act for the benefit of sheriffs.”

Ordered, That Mr. T. W r ard inform the House of Representa¬
tives thereof.

The Senate received, by the Secretary of State, a -written mes¬
sage from the Governor; and the rule being dispensed with, it
was taken up and read as follows, to wit:

Gentlemen of the Senate,

In conformity to the provision of the act of December 10th,
1822, I nominate for your advice and consent, William Hardin,
keeper of the penitentiary, to be commissioned for the term pre¬
scribed by said act.

JOHN ADAIR.

January 1, 1824.

Resolved , That the Senate advise and consent to said appoint¬
ment, and that Messrs. Owens and Dawson inform the Governor
thereof.

A bill from the Blouse of Representatives, entitled “ an act to
amend the execution laws of this commonwealth,” was taken up,
further amended and read a third time.

The question being taken on the passage of said bill as amend¬
ed, it was resolved in the affirmative—Yeas 18, nays 12.

The yeas and nays being required thereon by Messrs. Marshall
and Carneal, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, C. H.
Allen, Ballinger, Barbee, Blackburn, Carneal, Cowan, Dawson,
Faulkner, Hickman, Howard, Lyon, M’Afee, Owens, Roper,
Smith, Williams and Worthington.

Those who voted in the negative, are, Messrs. Barrett, Beau¬
champ, Duncan, Ewing, Forsythe, Marshall, Mayo, Morehead,
Towles, T. Ward, White and Wickliff.

JOURNAL OF

THE SENATE.

267

Resolved, That the said bill, as amended, do pass, and that the
title be, “ an act to amend the act to regulate endorsements on
executions.”

Ordered , That Mr. Howard inform the House of Representa¬
tives thereof.

And then the Senate adjourned.

FRIDAY, JANUARY 2, 1824.

The Senate assembled.

Mr. Carneal, from the joint committee appointed to examine
the Bank of Kentucky, made the following report, to wit:

The joint committee raised for the purpose of enquiring into
the situation of the Bank of Kentucky, beg leave respectfully to
submit the following report thereupon:

The accompanying table marked (A,) exhibits the condition
of the bank and its several branches on the 1st day of the present
month. The paper marked (B,) furnishes a more detailed explan¬
ation of the different items which compose that table, and shews
also the material changes which have taken place in the concerns
of the institution since the last session of the legislature. By re¬
ferring to these documents, it will be seen that the affairs of the
bank, have, during the past year, been drawing to a close as rapid-
lv as the situation of the country and the safety of the institution
would admit. Since the report of last year, the issues of the bank
have been reduced upwards of § 500,000, its debts have been di¬
minished upwards of $ 800,000, and 6,988 shares of the capital
stock have been surrendered in conformity with the provisions of
the act of assembly passed at the last session. The report made
by the bank in pursuance of a resolution of the legislature adopted
at its present session, shews the general character of the debts due
the institution so far as any estimate can be formed upon the sub¬
ject,. and furnishes just grounds to believe that the losses will not
be as great as has been anticipated, and that many of those debts,
which have heretofore been regarded as doubtful, will in all pro¬
bability be eventually secured. The current expenses of the insti¬
tution have been somewhat abridged, by the discontinuance in the
spring of the clerkships of the branches. The saving from that
abridgment will be greater henceforward, than hitherto. Those of
the principal bank have been magnified beyond the ordinary limits,
by the considerable amount paid within the last halfyear for profes¬
sional and clerical fees. On the night of the second of January last,
the banking-house and vault of the Danville branch, was forcibly en¬
tered by some lawless person, and robbed of the sum of 9,474 dol¬
lars. Although every diligence has been used to trace out the vil¬
lainy, nothing leading to a discovery has yet transpired. During

266

JOURNAL OF

the course of the summer, it was discovered that an irregularity
existed in the post note account of the Hopkinsville branch; an
examination into that account was instituted, which not resulting
satisfactorily, suit was directed to be brought upon the bond of
the cashier in whose time the irregularity was apprehended to
havearisen. The deficit reported in that account is 714 dollars;
hut there is'reason for believing it greater. A similar irregu¬
larity exists as to the Glasgow branch, although the reports from
that branch shew no deficit. All efforts to elucidate the irregulari¬
ty, have as yet proved unsuccessful; there is however a prospect
of having it either explained or rectified. An unfortunate acci¬
dent occurred at this branch on the 30th of December last. The
cashier, as he alleged, in counting and listing his money prepara¬
tory to transmission to the principal bank, upset a chair, and there¬
by overturned into the fire, a packet of Commonwealth’s Bank
notes, by which the sum of 10,835 dollars was consumed. lie
has since replaced a part of the amount and secured to the sat¬
isfaction of the directory of that branch, the residue to be paid in
the years 1825 and ’26. The directory there instituted, of their
own accord, and since at the instance of the principal directory, an
inquiry into the accident, and have unanimously expressed the
conviction, that it occurred in the manner represented by the cash¬
ier. Your committee forbear to express any opinion upon the
subject, as the matter is now under investigation in the Senate,
and no evidence was submitted to them, except the report from the
principal bank. In the latterend of the year 1821, it was discov¬
ered that a considerable defalcation existed in the Bardstown
branch; suit was instituted against the cashier and his securities,
and a judgment obtained in the Hardin circuit court for the sum
of 8,979 dollars and 95 cents, which judgment is now suspended
by an appeal to the Court of Appeals. Should it be confirmed,
there is no doubt that the amount will be realized, as the securities
are entirely responsible.

Your committee feel constrained to notice a practice which has
recently been adopted by the hank, of transferring the notes of in¬
dividuals under discount and accommodation to persons holding
claims against the institution, in payment of those claims. The
object of such assignments, is doubtless, to enable the assignees to
enforce the collection thereof in lawful money of the United States,
in place of exacting the same from the bank. They will not stop
here, to enquire into the competency of the bank to make such
transfers; they may be justified under a literal construction of (he
act of incorporation; but your committee feel no hesitation in
saying, that assignments of this kind did not enter into the contem¬
plation of at least one of the contracting parties at the lime of
the contract. That they are, as far as your committee are in¬
formed, unusual in the operations of banking institutions, and

THE SENATE.

highly injurious to those who may he the unfortunate subjects ot
such traffic. Your committee cannot, however, in justice to the
bank, refrain from stating that in their opinion, nothing but the
most imperious necessity, has induced the adoption of this course
3 n the part of the bank; that it has been reluctantly resorted to, in
inly one or two instances; and they entertain the fullest confidence
will never be pursued, when it can be avoided without great loss
to the institution. In the collection of its debts, a call of one per
:entum per month, has been invariably observed by the hank, and
in all instances the paper of the Bank of the Commonwealth has
jeen received from its debtors. In compliance with the act of last
session, the sum of two millions forty-three thousand one hundred
md twenty-three dollars and twenty-five cents of the paper of the
'bank has been committed to the flames; the mode pointed out
by that act has been strictly conformed to by the bank, and the
Vouchers evidencing the quantity ot paper destroyed, have
been regularly preserved. The current profits of the bank, have
been greatly diminished during the past year, in consequence
of the large number of notes not under regular discount. Your
committee will only add, that from the best examination they have
been able to make, they cannot but cherish the most entire confi¬
dence in the solvency of the institution, and in its ultimate abili¬
ty to comply with all its just engagements, in a manner creditable
to itself and satisfactory to the community.

Your committee cannot close this report without expressing the
obligations they are under to the President and other officers of the
bank, for their promptitude and readiness in furnishing the infor¬
mation and explanations required of them. All which is respect¬
fully submitted to the legislature.

From the Senate,

T. D. CARNEAL,

C. ALLAN,

J. COWAN.

From the House of Representatives,

C. M. CUNNINGHAM,
J. RAPIER,

N. MOSELY,

J. TRUE, Juw.

L. L. HAWES,

W. R. GRIFFITH.

The cash consists of—Specie,

Kentucky notes
Commonwealth’3_notes
Other sorts

270 JOURNAL OF

The dues consist of every description of claim, whether of notes
under discount, protest, suit, laying over or balances exhibited by
the books as being outstanding, and is inclusive of the balances
reported by the offices to be due by other offices.

The estate consists of the banking houses and such as has been
acquired through the settlement of debts. The portion derived
in the latter way, has been obtained partly by private agreement
and partly by purchases under decrees and orders of sale.

The issues amount to $481,193 19

Of those issues, the Bank holds 245,653 89

Leaving in circulation $235,539 30

To which add the deposits payable in Kentucky
notes, or what the holders of those notes are enti¬
tled to, $124,713 99

Making a responsibility in Kentucky notes or
the equivalent, of $360,253 29

Of the deposit, the greater portion consists of balances from one
office to another and of moneys standing to the credit of debtors,
which cannot be withdrawn, being applicable only to the dis¬
charge of their commitments.

The balance amounting to $312,562 63

Which when reduced by the portion of said
deposits answerable in Kentucky notes 124,713 99

Will, in conjunction with the liabilities in Ken¬
tucky notes, constitute 187,849 64

Except as to stock, the entire responsibilities
of the Bank 360,253 29

And are payable in

Specie

Kentucky notes
Commonwealth’s notes
Other sorts

Of the stock the state holds
Individuals in entire shares
Residuary interests in shares

THE SENATE. 57!

The number of shares surrendered under'the law of last session
is:

6,876 a §80 §550,080

112 a 90 10,080

6988 §560,160

The current profits are thus meagre, in consequence of the
large amount of debt not under regular discount.

According to the report of December last the

dues were

§3,133,583 24

They now are

2,334,222 97

Making a reduction of debt of

.801,360 27

The real estate was at that time

190,916 15

It now is

328,479 25

Making an increase of

§137,583 50

The deposits then were

787,461 84

They now are

740,941 05

Making a diminution of

§46,520 79

The issues then were

986,229 56

They now are

481,193 19

Making a diminution of

§505,036 37

The stock then was
It now is

Making a reduction of

The surplus then was
It now is

Making a gain of

And since the date of this report, of the notes
(of this bank

2,241.320

1,876,560

§564,760

110,835

156,556

§ 45,720

diance with

the

§1,914,526

128,596

§2,043,123

1 he Senate took up the nominations made on yesterday, and
[they were road as follows, to wit:

JOURNAL OF

Gentlemen of the Senate,

I nominate for your advice and consent, Richard Graves, lieu
tenant colonel of the 112th regiment, in the place of John Ander¬
son, resigned. .

George P. Brown, major of the same regiment, vice Richard

Graves, promoted.

Richard B. New, colonel of the 102d regiment, vice Nathaniel
Blirress, resigned.

Squire II. Boone, lieutenant colonel of the same regiment, vice
James L. Glenn, removed.

JOHN ADAIR.

January 1, 1824.

Resolved , That the Senate advise and consent to said appoint¬
ments.

Ordered , That Mr. Ewing inform the Governor thereof.

The Senate received a message from the House of Representa¬
tives, announcing the passage of a hill entitled “ an act to deposite
the Journals 'of the Legislature in the several county court cleric-
offices in this commonwealth,” which was read the first time; and
the rule being dispensed with, it was read a second and third limes,
(having been amended at the Clerk’s table.)

Resolved, That the said bill do pass, and that the title be, W an
act altering the mode of distributing the Aots, Journals and Re¬
ports.”

Ordered , That Mr. Ewing inform the House of Representatives

thereof. . , , .

An engrossed bill entitled “an act better to secure the rightot
property to married women and their children, was lead athiid

time. _

Mr. Flournoy moved to lay the bill on the table until the lust
day of June next; and the question being taken thereon, it w as ic-
solved in the affirmative—Yeas 19, nays 11.

The yeas and nays being required thereon by Messrs. I lournoy
and Blackburn, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, bar-
bee, Barrett, Bowman, Carneal, Cowan, Davidson, Dawson,
Faulkner, Flournoy, Forsythe, Hickman, Lyon, Roper, Smith,

THE SENATE.

973

!U-

ir-

•rd

Lei

,cc

nt-

tries; an act lor Hie benefit of the heirs of Benjamin Cullens, de¬
ceased ; an act to authorise the surveyors of Harlan and Jefferson
counties to transcribe.certain hooks in their offices; an act to reg¬
ulate the toll of certain turnpike gates in this commonwealth, and
an act for the benefit of Matthew Harper, were severally read the
first time.

The question being taken on reading the latter bill a second
time, it was resolved in the negative; and so the said bill was re¬
jected.

The rule being dispensed with, the former bills were read a
second and third times.

Resolved , That the said bills do pass, and that Mr. Ewing in¬
form the House of Representatives thereof.

Messrs. Williams and Barbee, from the joint committee of en¬
rolments, reported that they had examined enrolled bills of the
following titles, to wit: An act for the benefit of Trevor, Paul &
Co.; an act for the benefit of Ryland T. Dillard and others; an
act for the benefit of the administrators of Rezin Clubb, deceased;
an act for the relief of the representatives of John Bacon, deceas¬
ed, and an act to regulate the issuing executions; and had lound
the same truly enrolled.

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills.

Mr. Marshall, from the select committee to whom was referred
“ a bill for the benefit of the Stockholders of the Farmers and Me¬
chanics’ Bank of Logan, and for other purposes,” together with
the amendments made by the House of Representatives, reported
the same With an amendment; which was concurred in.

The amendment made by the House of Representatives, to a
bill to repeal the law authorising the establishment of a Slate
Road from Frankfort to Bowlinggreen, was taken up and concur- 1
red in.

Ordered, That Mr. Ew'ing inform the House of Representatives
thereof.

A bill to amend and reduce into one the several acts regulating
executions, was laid on the table.

Ordered, That a message be sent to the House of Representa¬
tives, requesting leave to withdraw the bill from that House,
which passed the Senate, entitled “ an act for establishing elec¬
tion precincts in Mason, Floyd and Henry counties;” and that Mr.
T. Ward carry'the said message.

The following bills were reported, to wit:

By Mr. Dawson—A bill for the benefit of Sampson Trammel.

JOURNAL OF

And by Mr. White—A bill for the benefit of Elizabeth Rude.

Which were severally read the first time; and the rule being
dispensed with, the former bill was read a second and third times,
(having been engrossed.)

Resolved , That the said bill do pass, and that the title be, “an
act for the benefit of Sampson Trammel.”

Ordered , That Mr. Ewing inform the House of Representatives
thereof, and request their concurrence.

A bill from the House of Representatives, entitled “ an act for
the divorce of Nancy Eastland and Sally Chisney,” was read a sec¬
ond time and committed to the committee of religion.

A bill from the House of Representatives, entitled “ an act to
repeal the act concerning champerty and maintenance passed on
the 22d day of December 1798,” was committed to Messrs. Owens,
Beauchamp, Marshall, C’arneal, Roper and Towles.

A resolution from the House of Representatives, in relation to
the sale of articles manufactured in the Penitentiary, was taken
up and concurred in.

Ordered , That Mr. Howard inform the House of Representa¬
tives thereof.

And then the Senate adjourned.

SATURDAY, JANUARY 3, 1824

The Senate assembled.

Mr. Smith, from the committee of religion, to whom was refer¬
red a bill from the House of Representatives, entitled “an act for
the divorce of Nancy Eastland and Sally Chisney,” reported the
same without amendment.

The bill was read a third time, and the question being taken on
the passage thereof, as amended, it was resolved in the affirma¬
tive—Yeas 20, nays 9.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Owens, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Bowman, Cowan, Davidson, Daw’son, Duncan, Ewing, Forsythe,
Howard, Lyon, M’Afee, Mayo, Miller, Owens, Roper, lludd,
Smith, White, WicklifFand Worthington.

Those who voted in the negative, are, Messrs. C. Allan, Beau¬
champ, Blackburn, Faulkner, Flournoy, Hickman, Marshall,
Towles and J. Ward.

Resolved, That the said bill, as amended, do pass, and that the
title be, “ an act for the divorce of Nancy Eastland, Sally Chisney
and Peyton Chapman.”

Ordered , That Mr. Owens inform the House of Representatives
thereof.

The Senate, received a message from the House of Representa¬
tives, announcing that they had concurred in the amendments
made by the Senate, to bills of the following titles, to wit: An act
todeposite the Journals of the Legislature in the several county
clerks’ offices; an act to amend the execution laws, and an act for
the benefit of the widow and heirs of James Dunbar, deceased;
that they insisted on their amendment to an act concerning the
Directors of the Bank of Kentucky; that they disagreed to the
amendment made by the Senate, upon concurring in the amend¬
ment made by the House of Representatives, to a bill which ori¬
ginated in the Senate, entitled “ an act for the benefit of the stock¬
holders of the Farmers and Mechanics’ Bank of Logan, and for
other purposes.” Also, the passage of bills from the Senate, of
the following titles, to wit: An act for the benefit of Lydia Smith;
an act authorising the Judge of the Mason circuit court to hold a
special term; an act to amend the act incorporating the Centre
College of Kentucky at Danville; an act to authorise tb.e execu¬
tors of Brumfield Long to convey certain lands; an act to change
the time of holding tiie circuit and county courts of Calloway
county; an act to allow additional justices of the peace to the
counties of Trigg and Garrard; an act for the benefit of Thomas
Rutledge; an act for the benefit of Joseph Cummins and others;
an act allowing an additional term to the county court of Hardin;
an act for the benefit of Robert C. Slaughter, and an act to alter
the time of holding certain circuit courts, with amendments to the
latter; and the passage of bills of the following titles, to wit: An
act to amend an act entitled an act to open a road from Mount-
sterling to the Virginia line, by way of Preslonsburg, and for
other purposes; an act for the benefit of Robert Davis; an act
concerning the Penitentiary, and a resolution appointing commis¬
sioners to examine and report the state of the Penitentiary.

The two former bills from the House of Representatives were
read the first time; and the rule being dispensed with, they were
read a second and third times.

Resolved , That the said bills do pass, and that Mr. Ewing in¬
form the House of Representatives thereof.

The Senate received a message from the House of Representa¬
tives, returning the bill from that House, entitled “an act to es--
tablish election precincts in the counties of Floyd, Henry and
Mason,” w ith the amendments made thereto by the Senate.

The vote whereby the bill, was passed, w as then re-considered ;
and the bill being amended, was again read a third time.

Resolved , That the said bill, as amended, do pass, and that Mr.
Carneal inform the House of Representatives thereof.

A resolution from the House of Representatives, requiring the
Keeper of the Penitentiary to fu.mish the convicts with Testa
meats, was taken up and concurred in.

THE SENATE.

JOURNAL OF

Ordered , That Mr. Ewing inform (he House of Representatives
thereof.

Mr. Blackburn moved for leave to report a bill to extend the
acts concerning occupying claimants of land; and the question be¬
ing taken thereon, it was resolved in the affirmative'—Yeas 20,
nays 12.

The yeas and nays being required thereon by Messrs. Beau¬
champ and C. H. Allen, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan,
Blackburn, Bowman, Carneal, Cowan, Davidson, Duncan, Ewing,
Faulkner, Flournoy, Forsyth'©, Hickman, Howard, Marshall, Ro¬
per, Smith, Towles, J. Ward, White and Wield iff.

Those who voted in the negative, are, Messrs. G. II. Allen,
Barrett, Beauchamp, Dawson, Lyon, M'Afee, Mayo, Miller,
Owens, Rudd, T. Ward and Worthington.

It was then moved and seconded.to dispense with the rule re¬
quiring the second reading of the bill; and the question being
taken thereon, it was resolved in the affirmative—Yeas 28, nays 5.

The yeas and nays being required thereon by Messrs. Black-,
burn and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, Bar¬
bee, Barrett, Blackburn, Bowman, Carneal, Cowan, Davidson,
Duncan, Ewing, Faulkner, Flournoy, Forsythe, Hickntfan, How¬
ard, M’Afee, Marshall. Mavo, Miller, Owens, Roper, Smith,
Towles, J. Ward, T. Ward, White, Wiekliffi and Worthington.

Those who voted in the negative, are, Messrs. C. H. Allen,
Beauchamp, Dawson. Lyon and Rudd.

Tiie bill was committed to Messrs. Carneal, Blackburn, Mar¬
shall, Roper and M’Afee.

On the motion of Mr. M’Afee, leave was given him to bring in
a bill for the establishment of Common Schools; and Messrs.
M'Afee, Barbee and T. Ward were appointed a committee to
prepare and bring it in.

The bill concerning the Directors ol the Bank of Kentucky, and
the amendments made by the House of Representatives, were
taken up and laid on the table until the first day of August next.

The bill for the benefit of the stockholders of the Farmers and
Mechanics’ Bank of Logan, and for other purposes, together with
the amendments made thereto by the House ot Representatives,
was again taken up and read.

Resolved , That the Senate insist upon their amendment, made
upon concurring in those made by the House of Representatives.

Ordered , That Mr. Ewing inform the House ot Representatives
thereof.

Bills from the House of Representatives, of the following titles,
t ■ wit: 1. An act for the benefit of George Corn and Samuel Fos¬
ter; 2. ai; act for the benefit of John Kinkaid’s heirs; 3. an act

rr:
a i
OJ

THE SENATE.

277

appointing commissioners for the protection of the navigation of
Big Barren river; 4. an act for the bcnctit of Rachael Fleming
and Elizabeth Dale; 5. an act to prevent the masters of vessels
and others from employing or removing persons of colour from the
State; G. an act to extend the terms of the Green circuit court;
7. an act for the benefit of Alexander Guffey; 8. an act to amend
the acts concerning elections; 9. an act to amend the law con¬
cerning ferries; 10. an act for the benefit of Daniel Trabue and
others; 11. an act providing for opening a road from. Franklin to
Owenborough on the Ohio; 12. an act for the benefit of William
Littell, and 13. an act to amend an act entitled an act for the ben¬
efit of religious societies in this commonwealth, approved Februa¬
ry 1, 1814, were severally read the first time.

The question being taken on reading the 2d, 4th, 8th and 9th
bills a second time, it was resolved in the negative, and so the said
bills were rejected.

The rule being dispensed with, the other lulls were read a sec¬
ond and third times, the 12th having been amended at the Clerk’s
table.

Resolved, That the said bills do pass, and that the title of the
12th be, “ an act prescribing the duties of the Reporter of the de¬
cisions of the Court of Appeals.”

Ordered , That Mr, Ewing inform the House of Representatives
thereof.

Mr. Barbee, from the joint committee of enrolments, reported
that they had examined enrolled bills and resolutions of the fol¬
lowing titles, torvit: An act to amend an act for surveying the
military claims west of the Tennessee river; an act to amend the
act to regulate endorsements on executions; an act for the benefit
of Lydia Smith; an act to allow additional justices of the peace
to the counties of Trigg and Garrard; an act to repeal the law
authorising the establishment of a State Road from Frankfort to
Bowlinggreen; an act to change the time of holding the circuit
and county courts of Calloway county; an act to regulate the toll
of certain turnpike gates in this commonwealth; an act to author¬
ise the Register to transcribe certain entries; an act to authorise
the surveyors of Harlan and Jefferson counties to transcribe cer¬
tain books in their offices; an act for the benefit of the heirs of
Benjamin Cullens, deceased, and resolutions in relation to the sales
of articles manufactured in the Penitentiary; and had found the
same truly enrolled.

The Senate received a message from the House of Representa¬
tives announcing that their Speaker had signed said bills and re¬
solutions.

.till

278 JOURNAL OF

The Senate received information, by the Secretary of State, I
that the Governor did, on the 29th ult. approve and sign enrolled j
bills, which originated in the Senate, of the following titles, viz.
An act for the relief of Thomas Hughes, sheriff of Bourbon countj,
and an act for the benefit of certain sheriffs: On the 1st inst. an 1
act for the benefit of the devisees of John Thruston, deceased; an |
act for the benefit of the heirs of Philip Buckner, deceased, and I
an act to amend the law concerning ferries; also, a resolution as
to the qualifications of Presidents and Directors of the banks:
And on the 2d inst. an act for the benefit of Ryland T. Dillard
and others, and an act for the benefit of Trevor, Paul & Co.

Ordered , That Mr. Ewing inform the House of Representatives j
thereof.

Mr. Howard, from the joint committee appointed to examine I
the Penitentiary, made the following reports, to wit:

The joint committee raised to examine the state of the Peni¬
tentiary, have had the subject under consideration, and now sub¬
mit the following report:

Your committee have examined the new wall of the Penitentia¬
ry, built in pursuance of the act of last session, and they are pleased y
to find, that it substantially comports with the requisitions of that H
act; that it is, in the opinion of your committee, built of choice I
materials, and the workmanship is in most respects excellent,
They have also examined the work-shops, &c. in the institution, |
and have enquired into the nature of the employment of the con- I
victs, and their situation generally, and are of opinion that the in¬
stitution might be much benefitled by the introduction of other,
manufactories, such as the manufacture of wool hats, &c but the
adoption of which, they will not now particularly recommend.

It is found, from the'limited number and bad repair of the work¬
shops, that many of the convicts, in the winter, have to be brought
together in one shop, aod indeed, in cold or inclement weather, j
many remain wholly unemployed, which must result materially to|
the prejudice of the institution, and partially to thwart the pur¬
poses of the law which consigns them to continual hard labor.

Your committee also learn,- that from the limited number oft
solitary cells that now exists, many of the convicts are, from ne- j
cessity, permitted to lodge together; and this your committee be-1
lieve to be one of the greatest objections to the present state of the I
institution, one of its greatest objects being the reform oi the cul¬
prit; audit is believed, that neither labor nor pain contributes;)
efficiently to promote that object, as solitary confinement. Planl
labor, coarse diet, and stripes for misbehaviour, may indeed :
inspire the convict with abhorrence for the place; but this,I
it is believed, is forgotten almost as soon as he is permitted togol
at large. But when he is confined alone in a dark and solitavjl
cell, his mind will irresistably bring in review before it, past con-j

)

THE SENATE. 27 3

duet; and his reason, undisturbed in her empire by plots of fu¬
ture villainy suggested by others, will sit in solemn and awful
judgment upon hat conduct ; and thus the great work of perma¬
nent ieform will be commenced and consummated. It may be
proper here to remark, that the cells required to be built by\he
act of last session, have not yet been begun. ^

in the* 1 hands" *7® 7° ™ ned the stores of the institution
m the hands of the Agent. They are satisfied, that many of the

manufactured articles on hand are priced too high to ensuYspeedy

SbtbeTnH h T’ a !', d CVen 011 a credit ’ wh ere large quJtUicl
might be in demand with a purchaser. They believe that nnnv

sol^at the‘ dt - rt wU]pe '' hh hand °f time, before they can be

s of the SW n ° W reqUlred / or thcn b and that the licit inter¬
est oi the State requires a speedy sale for prompt payment. It is

fcmfactur^ r r T' n alUl n egret ’ that the T And many of the iron

If the atm l G m f Cd ! ar ’ Which ’ from the natural dampness
ol the atmosphere, must produce rust and consequent injury.

nloTe 0 iLTT haVG attam P ted ’ with considerable bib or, to ex-
ihSest f rm DS of the institution, but have found that the

v 2tr ld b ° S ° P rot ; acted as not t0 admit of completion
r .. • ordinary period of a session, by a committee who

IvTttend * dUtl * S in 1 J ,elation to other legislative business, can on-
iy attend occasionally to such investigation. From the proYi

ttuheYns ft" t0 th l S SUb ' ject ’ the >’ no hesSon in" af n"

pYtof dew' 1 YhY 1 f cscn VT ,y ^profitable, in a pecuniary
\ *"• * to . ! he State ; ond they have as little doubt that hv

a Correct disposition of the labor of the convicts, and salutary or-

5>o 0 JOURNAL OF

22.JT3 Saciured articles famished lire

» r “>' SSTiSSSo ttZX the

S35&!flE£

ers, too high to ensure a jfHL reduced, they

reduce the same; and when the p ic leg and repor t the

t4r"r ?f f a SSkr - too -

quality, until otherwise d,reeled inquirJ int0 „«

Ki ettpe'dieel * discontinue «,

:sH£=S ; =S«

WE=

•was so paid. . , „ , renort any other matter

The said commissioners shall also of thc stated

of.o.’s,i„.,. i,

stances in which it has occuned. recommending that

preaching of the &*

THE SENATE.

to the convicts, in pursuance of the sentiments expressed by the
last Legislature; for your committee believe, that however aban¬
doned and protligate may be those convicts, yet they are suscep¬
tible of religious impressions, the means of acquiring which, ought
at all times to be afforded by the government in whose prison they
are confined* All which is respectfully submitted, &x.

Froin the Senate, .

THOMAS C. HOWARD,
CHRISTOPHER MILLER,
SAMUEL W. WHITE,

P. BARRETT.

From the House of Representatives ,

JOHN M. M’CONNELL,
BEN. W. NAPIER,

W. LYNCH.

WILLIAM RODES,

LEWIS RIDDELL,
RICHARD R. LEE,

N. P. PORTER,

Wm. WORTHINGTON.

The joint committee raised to examine the state of the Peniten¬
tiary, have, in pursuance of a joint resolution, enquired into the
disbursements of the sums appropriated by the last Legislature
for enlarging the walls of the institution, and have also made in¬
quiry into the other matters mentioned in said resolution, and
submit the following report:

Your committee refer, for a detailed account of the disburse¬
ments of the sum so appropriated, to the exhibit accompanying this
report marked A; for all the items in which, satisfactory vouchers
were exhibited to your committee. It will be seen by this exhibit,
that the sum of §362 94 of the amount appropriated by the last
Legislature, remains still in the hands of the superintendents; but
it will also be seen, that the superintendents have drawn from the
stores of the Penitentiary, to meet the current expenditures of the
building of the walls, the sum of §2,821 93 in manufactured arti¬
cles, which shows that the erection of the new walls has cost th?
sum of §14,453 99. For the cost of capping the new walls of the
institution, your committee refer to the accompanying document
marked B. Not being themselves competent judges of that des¬
cription of labor, nor of the quantity or price of materials neces sa¬
ry for the completion of that work, your committee must necessa¬
rily repose in the opinions ot those whose professions lead to an
intimate acquaintance with these matters, by four of whom, your
committee believe the report marked B. is certified and signed.
The whole cost of the work, as will appear by this document, is
$2,978 80 1-2. From this sum deduct the amount for nails and
other articles drawn from the stores ol the institution, as shown by

2 L

282

JOURNAL OF

the accompanying document C. §218 50, also $ 362 94, the
amount in the hands of the superintendents, and there remains
due from the State to the superintendents, or rather the workmen
completed this part of the work, the sum of
of which it will be necessary to

nearly

who have

§2,397 36 1-2, for the payment
provide by law.

Your committee believe, that the most economical plan of erect¬
ing the cells required by the act of last session, will be to employ
the convicts, as mentioned in that act, and to require of the super¬
intendents to employ a master workman in the different professions
of stone-mason and carpenter, to assist in the erection ol those
cells, and to direct the labors of the. convicts therein. The stone
of the old wall, it is believed, will be sufficient for the purpose of
erecting the cells; but large quantities of lime, sand and timber
of different descriptions will be necessary. Your committee are,
therefore, unable to say, with any thing like precision, what will be
the cost of their erection; but are informed, that they will cost
something like §16,000. Aboui one halfofthis sum, it is believed,
would be saved to the State in the labor of the convicts; a great
proportion, say §3,000, of the residue, might be discharged with
articles manufactured in the institution; which would leave a
claim upon the treasury, for the erection of those cells, of §5,000.

Your committee deem it wholly unnecessary, at this time, to
adopt any process of reasoning, to show the propriety of finishing
and sustaining this institution. It is one which has been adopted
by our humanity, and which is engrafted in our laws. To re¬
nounce it at this time, your committee believe, would be thought
capricious in the extreme; and to adopt the sanguinary mode of
punishment by death, for every offence now punishable by confine¬
ment in this State Prison, would, in the opinion of your commit¬
tee, illy comport with that divine maxim in criminal law, that the
punishment ought to be apportioned, to the character of the offence .
Your committee can, therefore, perceive no course left for the Le¬
gislature to pursue in relation to the institution, but to finish it as
contemplated by the preceding Legislature, and thereby prepare it
for the punihsment and the reform of the convicts, as well as render
it profitable to the State. Your committee w'ould, therefore, re¬
commend the appropriation of the sum of §5,000 out of the public
treasury, for the purpose of erecting those cells and completing the
institution on the new and extended plan, with power in the su¬
perintendents to draw upon the Agent of the Penitentiary for man¬
ufactured articles in his hands, not exceeding in amount §3,000;
and to this end, your committee herewith'report a bill, the passage
of which they recommend.

Your committee .would do injustice to their own feelings, were
they to close this report without noticing the very prompt and pub¬
lic spirited etl’orls manifested by the superintendents for enlarging

THE SENATE.

283

... |,

the walls of the Penitentiary, in discharging the duties required of
them by the act of last session, and in their endeavors to promote
the success of the institution generally.

AH which is respectfully submitted.

From the Senate,

THOMAS €. HOWARD,
SAMUEL W. WHITE,

P. BARRETT,
CHRISTOPHER MILLER,

From the House of Representatives,

JOHN M. M’CONNELL,
BEN. W. NAPIER,

W. LYNCH,

WILLIAM RODES,

LEWIS RIDDELL,
RICHARD R. LEE,

N. P. PORTER,

Wm. WORTHINGTON.

(A.) . .

The Commissioners appointed under an act to enlarge the Penitentiary
and for other purposes, to the Commomcealth Dr.

For amount drawn from the treasury under the pro¬
visions of said act, . 12,000 00

For amount of manufactured articles, stone of old

wall, and hire of convicts, paid Richard Tai lor, 935 68

For amount of manufactured articles, stone of old

wall, and hire of convicts, paid Blanton and Evans, 1,666 75

Supra Cr.

By one-third of penitentiary wall built by Richard
Taylor, agreeable to contract, being 1,376 1-2
perches at $3 37 1-2,

By Blanton and Evans, for building two-thirds of said
wall, being 2,768 perches and 20 feet, at $3 37 1-2,
By amount paid Henry Spence for measuring wall,
By amount paid James Scofield for timbers,

By amount paid Henry Harper for locust sills,

Paid Richard Taylor lor picketing timbers,

Paid J. LI. Holeman for printing,.

Paid Amos Kendall for printing,

Paid James Wight for horse-hire,

Paid Thomas L. Ballzell fur copying contracts,

$ 14,622

4,645 68

9,344 25

1 50
139 56

35 00
81 00

2 00

Balance in the hands of the commissioners,.

,3*14,259 49-
$ 36.2 94i-

s84 JOURNAL OF

Amount of money and manufactured articles expend-

ed on wall, f 5

Prawn by commissioners, manufactured articles ioi

~ 1 ou OU

-•

use of said wall,

Deduct from the above, amount of money in the hands

,$14,821 93

ol commissioners,

Cost of wall without the roof,

362 94
$ 14,458 99

7 ? general bill of materials and carpenter's work for capping the new
walls of the Kentucky Penitentiary.

For 2,330 feet of cornice, at 37 1-2 cents per foot, 870

1,160 girders, at 12 1-2 per foot, C'5

5,800 joice, at 4 per foot,

6.960 rafters, at 2 per foot, 12J

818 posts, at 20 each, . lo, on

8,120 feet of sheeting and shingling, at 4 per toot, 4-4 bu
3 sentery boxes, at §40 dollars each, 1

2, u 200 feet large oak scantling, at §5 per hundred, 110
70,000 Shingles, at 4 50 per thousand, 315

5,200 feet scantling, at 3 25 per hundred,

8,700 feet sheeting plank, at 1 25 per hundred, „ .

2,000 feet 3-4 inch plank, at 8 per hundred, 26 66

2,950 feet 1 inch plank, at $2 per hundred, 59

2,000 feet 1-4 inch poplar plank, at 2 1-4 per foot, 4o
27 logs of cedar, at 62 1—2 cents each, 16 87

Hauling and loading same, 3

19 logs of cedar, at $1 each, L

Bridge toll and loading, 4 50

300lbs. lOd. nails, at 15 cents, 45

200 4d. do. at 18 36

200 6d. do. at 17 34

7 boxes, at 37 1-2 each, -

E. E. $ 2,978 80

We, the undersigned, do hereby certify that the above charges
are correct, Given under our hands^thb 31st L^cemher^ 1 - •

JOHN J. VEST,
GEORGE W. GRAHAM,
HENRY SPENCE.

THE SENATE.

235

(C-)

James Wight Dr. to Kentucky Penitentiary.

For balance of account for convicts’ labor and articles

received of Agent, up to 25th December 1823. $‘100 87 1-2

JAMES I. MILES, A. K. P.

Commissioners of Penitentiary Dr. to Agent's Office.

Nov. 5th, 1823-

•For 1001b. of

Gd nails,

at ,$17,

200

4d do.

18,

200

lOd do.

15/

Dec. 30th,

100

lOd do.

15,

100

6d do.

17,

For 7 boxes containing same, at 37 1-2 c. 2 62

,$ 117 62

JAMES I. MILES, A. K. P

The following bills were reported, to wit:

By Mr. Howard—A bill to amend an act entitled “ an act to en¬
large the Penitentiary, and to provide for the more speedy sale
of the articles manufactured in that institution.”

And by Mr. Owens—A bill to regulate elections for Directors of
the Bank of Kentucky.

Which were read the first time and ordered to be read a second
time.

Bills from the House of Representatives, of the following titles,
to wit: An act to apply the net profits of the Bank of the Common¬
wealth for the year 1824, in aid of the public revenue; an act to
provide for the sale of so much of the real estate of William M’-
Dovvell and William S. M’Dowell, deceased, as may be necessary
to pay their debts; an act to establish the county of Spencer, and
an act to regulate certain conveyances, were severally read the
first time and ordered to be read a second time.

The rule being dispensed with, the first and second bills were
read a second time. The first was committed to the committee of
the whole house on the state of the commonwealth, for Monday
next, and the second to the committee for courts of justice.

And then the Senate adjourned.

MONDAY, JANUARY 5, 1824.

The Senate assembled.

The Senate received a message from the House of Representa¬
tives, announcing that they had received official information that
the Governor did, on the 1st instant, approve and sign enrolled

236 JOURNAL OF

bills which originated in that House, of the following titles, to
wit: An act for the relief of James M. Pike; an act for the benefit
of Peter Breeding and others of Casey county, and an act to cor¬
rect an accidental variance in the books of the Auditor and
Treasurer: And on the 2d instant, an act for the relief ot the rep¬
resentatives of John Bacon, deceased; an act for the benefit ol the
administrators of Rezin Clubb, deceased, and an act to regulate
the issuing executions.

Mr. Beauchamp, from the select committee to whom was relen
red a bill from the House of Representatives, entitled “an act
to repeal the act concerning champerty and maintenance, passed
22d December 1798,” reported the same with amendments, which
were concurred in.

Mr. Carneal moved an amendment concerning occupying claim¬
ants, which was concurred in, and the bill, as amended, ordered

to be read a third time. .

Ordered , That the public printers forthwith print 150 copies ol
said bill, as amended, for the use of the members of the Legisla-

tU Mr. M’Afee, on the 30th December, read and laid on the table a
resolution for printing a certain number of copies of the decisions
of the Court of Appeals on the replevin and endorsement laws;
but, by mistake, it was omitted to be noticed in the Journal.

The Senate received a message from the House of Representa¬
tives, announcing the passage of a bill from the Senate, entitled
u an ac t to carry into operation the Lunatic Asylum, with an
amendment, which was taken up and concurred in with an amend-

mC Ordered, That Mr. Ewing inform the House of Representatives

thereof. „ _ ,

The amendments made by the House of Representativ es to a
bill entitled “ an act to alter the time of holding certain circuit

courts,” were taken up and read.

Mr. Owens moved that the Senate disagree to the amendments;
and the question being taken thereon, it was resolved in the af¬
firmative—Yeas 19, nays 10.

The yeas and nays being required thereon by Messrs. Owens

and Ballinger, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barrett, Beauchamp, Carneal, Duncan, Ewing, For¬
sythe, Lyon, M’Afee, Mayo, Miller, Owens, Rudd, Smith, J. Ward,
White, Wickliff and Worthington.

Those who voted in the negative, are, Messrs. C. Allan, Barbee,
Bowman, Cowan, Davidson, Faulkner, Hickman, Roper, Towles
and Williams.

Ordered , That Mr. Owens inform the House of Representatives
thereof.

THE SENATE. 287

Mr. Mayo, from the select committee to whom was referred a
bill from the House of Representatives, entitled “ an act to im¬
prove the navigation of Big Barren river,” reported the same with
an amendment, which was concurred in, and the bill read a third
time.

Resolved , That the said bill, as amended, do pass, and that Mr.
Mayo inform the House of Representatives thereof.

A bill from the blouse of Representatives, entitled “an act con¬
cerning the Penitentiary,” was read the first time; and the rule
being dispensed with, it was read a second and third times.

Resolved, That the said bill do pass, and that the title be, “an
act to amend an act entitled an act to enlarge the Penitentiary,
and to provide for the more speedy sale of the articles manufactur¬
ed in that institution, approved December 10, 1822.”

Ordered , That Mr. Howard inform the House of Representa¬
tives thereof.

A resolution from the House of Representatives, appointing
commissioners to examine and report the state of the Penitentiary,
was taken up, amended and concurred in.

Ordered , That Mr. Howard inform the House of Representa¬
tives thereof.

The Senate received a message from the House of Representa¬
tives, announcing the passage of bills of the following titles, to wit:
An act for the relief of the sheriffs of Lincoln and Jessamine
counties; an act for the benefit of the heirs of Robert Hunter, de¬
ceased, and an act for the benefit of the heirs of Richard Cocke
and Mary Cocke, deceased.

The former bill was read the first time; and the rule being dis¬
pensed with, it was read a second and third times.

Resolved, That the said bill do pass, and that Mr. Davidson in¬
form the House of Representatives thereof.

An engrossed bill for the benefit of a school in Washington
county, was read a third time as follows, to wit:

An Act for llie benefit of a School in Washington County.

Whereas it is represented to the present General Assembly,
that a school has been established in the county of Washington, for

iU- . J.. ...i? r , i , J , P \

the education of youth, upon a new and much cheaper plan than
has been heretofore practised in this State, and the founder of it,
the Rev. William Burns, after expending a considerable sum of
money and devoting much time to accomplish the laudable object
in view, having experienced a heavy loss hy the destruction of the
buildings erected torsaid school, by fire, which renders it necessa¬
ry to afford aid to sustain the undertaking; and it being deemed
an object worthy of public patronage: Therefore,

Be it enacted by the General Assembly of the Commonwealth of Ken¬
tucky, I hat the sum of $1,000 be, and the same is hereby appro-

288 JOURNAL OF

d rutted for the use of said school, to be paid to the order of lh«
Ruv. William Burns, who, by applying to the Auditor, shall re

cci-ve a warrant therefor, which the Treasurer sha pay cm
.... v inonC y in the Treasury not otherwise appropriated by law.

The question being taken on the passage thereot, it was lesol -
ed ^^nf thereon by Messrs. Faulk-

,ie Tnose B Sio 3 hi "he athnmdive," are, Messrs. Ballinger,
Beauchamp, Ewing, Lyon, M'Afee, Marshall, Mayo, Owens, ic

,iff ^ d se^Tifvo g ted n 'in the negative, are, Messrs C. H. Allen,
White and Williams.

And so the said bill was rejected. .. . titles*

Bills from the House of Representatives of the following ti ,
to wit- A 1 act to regulate certain conveyances, and an act to e

“ T “'* S

“"T?o'i:X««d SWtaSU arc Mmn. C. B. Allen,

Widd “ r “ d

W Tl“e S ‘-ho voted in the negative, are, Hears. C. Allan Bow¬
man Cowan, Davidson, Faulkner, Hiekn.an, Howard, Rope,,
q Tnwle« J Ward, White and Williams.

flatter bill was committed to the committee of propositions

an TheS?mi C tc S 'received a message from the House of Representa-
% Sl^^^e^SSon'ft Supreme

In t„f. House of Hepeesentatives, Jan. o, 1C--!.

Green.iL--- decision of that court, m a case in which

sSSSS

r sfet and eiatial rights of the stale of Kentucky.

289

THE SENATE.

Kentucky was, as is known, before she became a state, a portion
of Virginia, denominated the district of Kentucky. Preparatory
to her erection into an independent state, she entered into a com¬
pact with Virginia. The compact hears date on the 18th day of
December 1789, arid consists of eight articles; The third arti¬
cle, (which provides “ that all private rights and interests of land
within the said district, derived from the luws of Virginia prior to
such separation, shall remain valid and secure under the laws of
the proposed stale, and shall lie determined by the laws now exist¬
ing in this state,”) has been interpreted by the court in that de¬
cision, to be a covenant on the part of Kentucky, not to enact any
laws in relation to such of the lands within her limits, as had been
appropriated under the laws of Virginia. A copy of the decision
accompanies this remonstrance. A copy of a petition under the
signatures of John Rowan and Henry Clay, presented by those
gentlemen on the part of this state for a re-hearing, or rather for
a re-consideration of the case, is also transmitted herewith. Jhe
petition was presented to the court at the term at which the de¬
cision was pronounced, and was (it is hoped) hastily overruled.
From the two documents above referred to, an ample view of the
case, the facts which belong to it, and the law which ought to
govern it, may be had.

The petition employs a series of appropriate reasoning, which
induces the legislature to adopt it as a part of this remonstrance.
The legislature forbears to express in this remonstrance, the feeb
ings of regret wdiich the occasion of it inspires. The object of
this effort is to avert the humiliation which that decision inflicts,
not to anticipate it. While it is believed that the court, vener¬
able and august as it is, labored under some unaccountable in¬
fatuation^ impurity of motive is not imputed to it; yet the refer¬
ence by the court to the comrAon law of England as the law ot A ir-
ginia, whence the rights to land in Kentucky were derived, and
the inferential reasoning which they employed, led them to arc-
suit which disrobes Kentucky of her sovereign power, and places
her in a posture of degradation which she never would have con¬
sented, and never can consent to occupy. That court has in that
decision denied to the state of Kentucky the power of legislating,
even remedially , in relation to the territory which she acknowl¬
edged! v possesses; territory over which neither the Congress nor
any state in the Union can legislate; and subjected her to the code
pf laws, in relation both to right and remedy, which existed in
Virginia at the date of the compact. The power of legislating,
is unquestionably the most prominent of the powers which consti¬
tute the sovereignty of the states. It is the power which involves
the representative principle, more intimately and essentially, than
any other power claimed or possessed by the states of the Union:
and the representative principle is vitally connected with civil lib-

JOURNAL OF

erty, in am- shape in which it can be supposed to exist. The le¬
gislative is the only power which distinguishes the sovereign from
the vassal; a power without which no people can he free, even
in contemplation. It is in relation to civil society, what the exer¬
cise of volition is, in relation to freedom of agency. The man whose
will is not the rule of his action, is not a free agent; he is the
slave of that person whose will controls him. When the control
is absolute, he is an unqualified slave; when the control is limit¬
ed, he is correspondent!}' vassal. Precisely so with civil societies;
they arc lice in the degree only in which they are governed by
their own will, or in other words, by laws of their own enaction;
and vassal, so far as they are governed by the will of others; and
it must be matter of but little concern to them, whether the will
imposed upon them as the rule of their property and their con¬
duct, be displayed in enactments or in edicts; they are, in either
case, alike deprived of self-government. And whether the govern¬
ing power he exerted mediately and covertly, or immediately and
openly, can make but liitle difference with a people accustomed
to self-government, and possessing pride and intelligence enough
to estimate and assert it. They will surrender it in neither case,
without the apology of relentless and invincible necessity.

The people of every society must, from the nature and obvious
destiny of man, depend upon the soil of the country which they
inhabit for sustenance, for convenience and for social intercourse;
they are consequently dependent upon the pow er that legislates
over the soil; and if they do not possess the power of legislating
over it, they are not, they cannot be said to be free; they must be
dependent upon, and subject to the power that legislates over it.
They cannot even condemn the land necessary for a road, or sub¬
ject any portion of it to the erection of a mill, upon terms other
than those which may be prescribed by an alien power.

The court, in the decision alluded to, have asserted that the dis¬
trict of Kentucky, in the compact which she formed with Virgin¬
ia, in the view to become an independent state, renounced forev¬
er, by stipulation in the third article thereof, the right of self-gov¬
ernment, and the independence at which she aimed; that is,
they nave so construed the means which were employed to pro¬
duce theew/, as not only to defeat the end, but produce a result
which neither of the parties contemplated, and both deprecated;
a result infinitely less desirable to the people of Kentucky, than
the posture from which it was their avowed object in forming the
compact, to escape. For if the district, instead of being erected
into the state of Kentucky, had remained a part of Virginia, she
would have retained a voice, and her proportional weight in the
formation of those laws by which she would be governed. She
would in that case have been a portion of a great, free and inde¬
pendent state; whereas, by the interpretation given to the third

THE SENATE.

29 E

article of the compact, she is left but nominally a state, with less
than provincial powers; for it Kentucky were a pro.vince to *V ii-
jr'mia or any other state, she might hope to obtain, by the fervor of
her importunities, in the form of humble petition, from the mother
state, some enaction suited to her condition, and calculated to
protect honest labor from speculating rapacity. But the condi¬
tion into which she has been construed by that decision, deprives
her (if she cannot escape from it) of even that humiliating hope.
Virginia cannot legislate for her; she cannot legislate for her¬
self; nor can either, or any power on earth, enact or modify even
a remedial law which relates to the soil, so as to suit the condition
of Kentucky. The code of laws which existed in Virginia on the
13th of December, 1739, c onsisted of enactions made as the ac¬
cruing circumstances and the varied condition of the people of
that state required, through a long tract of time, from the coloni¬
zation of the province of Virginia up to that period. Virginia
was an old state, advanced in commerce, refinement and civiliza¬
tion; the district of Kentucky was comparatively a wilderness.

The former bordered on the Atlantic, and enjoyed the intercom¬
munion and society of states advanced like herself in commerce
and the social polities, Kentucky was solitary and detached in
her situation; she lay far west behind the Great Mountains, and
had been the sub ject of legislation only so far as the lands whic h
composed her territory could be made marketable by legislative
cognizance. Her rising population had occupied the attention of
the legislature of Virginia to a very limited extent. The remote
situation of the district from the seat of the Virginia government;
its need of laws suited to its condition; its destitution of them,
and the impracticability of obtaining them suitably to her wants,
as they were evolved by the peculiar circumstances and condition
of the country, formed with the district a strong motive to become
a state, and with Virginia to assent to it. The condition of Ken¬
tucky needed the exercise of the legislative power, within the
latitudes which bounded her territory. She would not have
needed the exercise of that power, if the code of Virginia had
been adapted to her condition and circumstances; but that code
had been suited to a d ifferent climate, and to a people of different
habits, inclinations and pursuits. Yet the court has fastened upon
the people of Kentucky, the very code which, on account of its inap¬
titude to their condition, they had intended by the compact to
avoid, and have by their construction of that compact, denied
them the Very faculty with which it was the purpose of that instru¬
ment to invest them; the faculty of from time to time enacting
laws for themselves, as their varied condition and their wants
might indicate the necessity or expediency of doing so. In aspir¬
ing to the state posture, and in the formation of the compact as
auxiliary to that object, Kentucky looked forward to that increas- 1

JOURNAL OF

ed happiness and prosperity, which the people might expect from
the exercise of the right of self-government. That right, subject
only to the limitations imposed upon its exercise hv the constitu¬
tion of the United States, Kentucky never stipulated to relinquish;
nor is it believed that astipulation to that effect would have been
Valid. It is denied, that an express stipulation by a state to re¬
nounce the power of legislating over its territory, would be oblig¬
atory and valid. It is believed that the general scope and spirit of
the Constitution of the United States, would restrain any state in
the Union from such an act of disfranchisement, No state can,
by compact or otherwise, become the province of another state;
still less can any state, under the pretext ol erecting a new one out
of its territory, create a province in the form of a stale, or stipu¬
late that a state erected out of its territory, shall possess the form
only, without the sovereign power of a state, And what the states
could not do by express stipulation, the judiciary, it is contended,
cannot do for them by construction. I he construction of the
court which thus disfranchises the slate of Kentucky, can neither
exact the homage of the people upon whom it acts, for the intel¬
lect employed in making it, nor conciliate their patience under
its humiliating and afflicting effects. It the same privative ef¬
fects were attempted to he produced upon the individual and po¬
litical rights of the people of Kentucky by a foreign armed force,
and they were not to repel it at every hazard, they would be de¬
nounced as a degenerate race, unworthy of their patriotic sires,
who assisted in achieving the American Independence; as a peo¬
ple unworthy of enjoying the freedom they possessed. In that
case the United States too, would be bound, at whatever hazard,
to vindicate the right of the people of Kentucky to legislate over
the territory of their state; to guarantee to them a republican
form of government, which includes the right insisted on. And
can it make any difference with the people of Kentucky, whether
they are deprived of the right of regulating by law, the territory
■which they inhabit, and the soil which they cultivate, by the Duke
de Angoulcme at the head of a F rench army, or by the erroneous
construction of three of the Judges of the Supreme Court of the
United States? To them the privation of polif ical and individual
rmbls would be the same: In both instances they would have lost
the power essential to freedom, to the right of self-government.
In the former case their conscious humiliation would be less than
in the latter, in proportion to the sturdiness of the resistance they
would feel conscious of having made, and in proporlion to the
hope thev might entertain, of emancipating themselves by some
happy effort of valor, and thereby regaining their rights; but in
the latter case the tyrant code, to which Kentucky is subjected by
that decision, is inaccessible, perpetual, and incapable ot being
changed beneficially or suitably to the condition of Kentucky, by
any power beneath the sun.

THE SENATE.

293

It cannot be denied, that the states, before the formation of the
constitution of the United States, possessed the power of legisla¬
ting over the territory within their limits. It cannot be asserted,
that a surrender of that power was made in that instrument, by
the former to the latter, or that any restraint upon the exercise of
that power by the states, is to be found in that constitution. The
10th amendment to that instrument provides expressly, that “ the
powers not delegated (therein) to the United States, nor prohibit¬
ed by it to the states, are reserved to the states respectively, or
to the people.”

The provision in that constitution, for the formation of new
states, and their admissioji into the Union, evidently contemplates
their possesion of those powers essential to sovereignty, which
were retained by the old states.

That the states of the Union should be sovereign, and co-equal-
lyso, seems to be, not only contemplated, but enjoined by the con¬
stitution of the United States. In all their political franchises in
relation to the government of the nation, they are most evidently
so; and in all their political rights in relation to themselves, they
cannot, if they were so inclined, be otherwise. The sovereign
state power, is most evidently not an article which a state can, by
compactor otherwise, either enhance or diminish.

The good of the whole requires equiponderance in the parts;
and if that equilibrial power could be disturbed or destroyed by
anyone of the states, by paction with another, or otherwise, then
would the minor control the major, and then would the chances
against the perpetuity of the government of the United States, be
as twenty-four to one. If these positions be true, and this reason¬
ing be correct, it will be difficult to ascertain how the court could
have arrived at the conclusion, that the district of Kentucky, in
the view to become a sovereign state, stipulated with Virginia to
renounce forever, that portion of sovereign power which was ne¬
cessary for appropriate legislation over her territory, and without
which, she could not exist as an independent state.

The laws which the court vacated in that decision were exact¬
ed from the Legislature of Kentucky, by the condition and cir¬
cumstances of the country. They were, from the multiplicity of
conflicting claims to the lands within the state, of vital interest to
its prosperity and repose. They were demanded not less by justice
than policy; they secured the honest but deluded occupant, who
believed himself proprietor, because he had been the purchaser of
the land which he occupied, from the loss of the labor of his life,
in case of eviction by a paramount title, and they had the sanction
of the example of Virginia. That state, when in a like situation,
had passed laws upon which those of Kentucky were modelled.
The laws enacted by Virginia, had performed their junctions and
expired long anterior to the erection of Kentucky into a state.

-jNBHi

JOURNAL OF

The occasion had ceased, and with it, the laws. Most of the stales,
particularly those in which the titles to land were dubious and
perplexed, have had occasion for laws of the same character, and
have enacted them. The condition of no state ever demanded
more imperiously such legislative provisions, than that of Ken¬
tucky; ill no state could their vacation inflict greater and more
extensive injury upon the people, than in Kentucky. But the in¬
jury inflicted upon the people, great and extensive as it is, and
much as it is deplored, weighs but comparatively little with these
remonstrants. It is the principle which that decision establishes,
at which they shudder, and with which they can never be recon¬
ciled.

The people of Kentucky, tutored in the school of adversity, can
bear, and with patience too, the frowns of destiny, and all the ad¬
verse occurrences to which communities arc liable; they can bear
any thine but degradation and disfranchisement. They cannot
bear to be construed out of their right of self-government; they val¬
ue their freedom above every thing else, and are as little inclin¬
ed to be reasoned out of it, as they would be to surrender it to for¬
eign force.

"These remonstrants are not unaware, that the states will some¬
times err in the exercise of the legislative power; but they can¬
not concede that the exercise of that power should, on that ac¬
count, be denied to them. Such a concession would strike at the root
of the powers, believed to be necessary to the freedom and indepen¬
dence of the states. For to what body, upon that principle, could
the legislative department of government be confided ? Where

shall we find that body of magistracy, which possesses the high
prerogative of infallibility? If we explore the judicial depart¬
ment it will be found, that even there, whence passion, the con-
stant’associate, and frequently the parent of error, is proscribed,
the efforts to correct, are but little less frequent and strenuous than
they were in the first instance to avoid error. Every body ol
magistracy, being necessarily composed of erratic materials, may
he expected to err. Error, when committed in the exercise of its
legitimate powers by the legislative body, must necessarily be left
to that department for correction. It is the high prerogative of
the Legislature, to correct whatever errors it may commit within
the legitimate sphere of its action. It is only when it transcem
obviously and palpably, the limits assigned by the constitution to
the. exercise of its powers, that the judiciary can vacate its ei-
actions It is surely not competent lor the court to invalidate a
law, because it shall be thought by that tribunal to be unequal,
impolitic or inexpedient in its provisions. The policy or expedi¬
ency of a law, can be judged of by those alone, who are intimately
acquainted with the class of subjects to which it relates, and he
connection which exists between those subjects, and other subjects

' 'wi

THE SENATE.

of interest to tlic community; in short, with the complex con¬
cerns of the community. In this view the power of local legisla¬
tion was retained by the states; but it was retained to but little
purpose, if a central tribunal is to pass upon the laws enacted by
the states. The power of legislation must be confided somewhere.
It is of the essence of freedom, that it should be exerted by those
who are the subjects of the law; that the people who compose the
society, should enact the laws which the society needs. The pos¬
session or destitution of that power, constitutes the mighty differ¬
ence which exists between freedom and slavery. Kentucky claims
to possess the power of legislating for itself; the decision denies
her that power in relation to the most important subjects of its exer¬
cise, in relation to her own territory. The decision was given by
three, a minority of the judges who compose, that tribunal. There
was a fourth judge on the bench; he dissented. Had the third agreed
with the fourth, Kentucky had not been disfranchised; so that in
that particular case, the political destiny of a state, was decided
by a solitary judge. Can this appeal to the Congress, by the state
of Kentucky, upon a subject in which she is so vitally interested,
be unavailing? And has not the state a right to expect, that her
co-equal sovereignty with the other states of the Union, will be
guaranteed to her by that body? Has she not a right to expect
that the Congress will, either by passing a law requiring, when
any question shall come before that tribunal involving the valid¬
ity of a law of any of the states, that a concurrence of at least two
thirds of all the judges shall be necessary to its vacation, or in¬
creasing the number of the judges, and thereby multiplying the
chances of the states to escape the like calamities, and of this
state to escape from its present thraldom, by exacting the exer¬
cise of more deliberation, and an increased volume of intellect,
upon all such questions? These remonstrants would not presume
to dictate to the Congress of the United States, the mode to be
pursued by that body, for the extrication of this state from the
unhappy posture in which it has heen placed by the decision of
that court. They have confidence in the wisdom and virtue of the
body they address; they have an invincible consciousness of their
rights, and they entertain no doubt, but that the Congress will
vindicate them in a manner honorable to itself and satisfactory to
Kentucky'.

Resolved by the General Assembly of the Commonwealth of Ken¬
tucky, 1 hat a copy ol the foregoing remonstance be transmitted
3y the Governor to each of our members in the House of Repre¬
sentatives and the Senate of Congress, with the request that they
>everally use their best exertions to produce the result at which
it aims.

i *

296 JOURNAL OF

Mr. C. Allan moved to postpone the consideration of said re¬
monstrance for the present; and the question being taken there¬
on it was resolved in the negative—Yeas 14, nays 17.

The yeas and nays being required thereon by Messrs. M ilhams

and Beauchamp, wese as follows, to wit: , _

Those who voted in the affirmative, are, Messrs; C. Alffin,.Bow¬
man, Cowan, Davidson, Faulkner, Hickman, Hojra.d, Marshall,
Smith, Towles, J. Ward, White, Wickliff and Williams.

Those who voted in the negative, are, Messrs. C. II. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Carneal, Duncan, Ewing,
Forsythe, Lyon, M’Afee, Mayo, Miller, Owens, Rudd, I.Waid

moved the following resolution as a substitute

for the remonstrance and resolution: „

Resolved by the General Assembly of the Commonwealth of

tacky , That our Senators in Congress be instructed, and our Repre
aentatives requested to use their best exertions to have a law
passed by Congress, to require a concurrence of two-tlnrds of all
the Judges of the Supreme Court, to decide the law of any State

being taken thereon, it was resolved in the

™;-s n Sing'required thereon by Messrs. C. Alla.

and Hickman, were as follows, to wit: „

Those who voted in the affirmative, are, Messrs. C ; A '!^, B °
man, Cowan, Davidson, Faulkner, Hickman, Howard, low Its, .
Ward White, Wickliff and Williams. ■ „ ,

Those who voted in the negative, are, Messrs. C.H. Allen, Bal-
linsrer Barbee, Barrett, Beauchamp, Carneal, Duncan, Ewing,
Forsythe, Lyon, M’Afee, Marshall, Mayo, Miller, Owens; Rudd,

Smith T. Ward and Worthington.

Mr ’c. Allan then moved to amend the resolution, so as to rcai,
that the members of the House of Representatives in Congress be
A-equested and Senators instructed, &c.; and the question being
taken thereon, it was resolved in the negative— Yeas 8, nays 23.

The yeas and nays being required thereon by Messrs. C. Allan
and Beauchamp, were as follows, to wit: . .,, ,

Those wlm voted in the affirmative, ^re Messrs. C Allan,

Miller. Owens, Rudd, Smith, Towles, J. Ward, T. Ward and

W Tbe nues°ion was then taken on the adoption of the reirnn-
strance and 5 resolution, and it was resolved in the aihrmatt.c-
Yeas 18, nays 13.

THE SENATE. 297

The yeas and nays being required thereon by Messrs. Marshall

and Howard, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Carneal, Duncan, Ew¬
ing, Forsythe, Lyon, M’Afee, Mayo, Miller, Owens, Rudd, Smith,
T. Ward and Worthington. (

Those who voted in the negative, arc, Messrs. C. Allan, Bow¬
man, Cowan, Davidson, Faulkner, Hickman, Howard, Marshall,
Towles, J. Ward, White, Wickliff and Williams.

Ordered , That Mr. C. H. Allen inform the House of Representa¬
tives thereof.

The Senate received a message from the House of Representa¬
tives, announcing the adoption of resolutions approbatory of the
course of the President of the United States in relation to the
struggles of the Greeks and South Americans for freedom, and in
relation to the administration of the general government: That
they had concurred in the amendment made by the Senate, upon
concurring in those made by the House of Representatives, to a
bill entitled “an act to carry into operation the Lunatic Asylum;
and that they insisted on their amendment to the bill entitled “an
act for the benefit of the stockholders of the Farmers and Me¬
chanics’ Bank of Logan, and for other purposes.” Also, that they
requested a conference upon the disagreement in relation to the

;

i ! j

l l v-~1*
" /

298 JOURNAL OF

tentiary; an act to improve the navigation of Big Sandy river; an
act to establish election precinct's in the counties of Floyd, Henry
and Mason; an act concerning the Penitentiary, and a resolution
appointing commissioners to examine and report (he state oi the
Penitentiary; and that they had receded from their amendments
to a bill entitled “ an act to alter the time of holding certain cir¬
cuit courts.”

Mr. Owens moved to take up the report of the select committee
on the petition of David Logan, for the purpose of spreading it on
the Journal; but it was resolved in the negative.

And then the Senate adjourned.

TUESDAY, JANUARY 6, 1824.

The Senate assembled.

The Senate received a message from the House of Representa¬
tives, announcing the passage of the following bills from the Sen¬
ate, to wit: An act to amend the several acts concerning the towm
of Cynthiana; an act for the benefit of the Lexington Presbyte-
riau Congregation; an act for the benefit of the executors of John
B. Wooldridge; an act to incorporate the Republican Circulating-
Library Company; an act for the relief of certain aliens; an act
for the benefit of Joshua Barbee and the devisees of John Barbee,
deceased, and an act to amend an act entitled an act tp abolish
imprisonment for debt and subject equitable interests to execu¬
tion.

Resolutions from the House of Representatives, approbatory of
the course of the President of the United States in relation to the
struggles of the Greeks and South Americans for freedom, and in
relation to the administration of the general government, were
taken up and committed to Messrs. Marshall, Blackburn, M’Afee
and Flournoy.

On the motion of Mr. T. Ward, leave was given him to report a
bill to alter the time of holding certain circuit and county courts,
which was read the first time; and the rule being dispensed with,
it was read a second and third times, (having been engrossed.)

Resolved, That the said bill do pass, and that the title be, “an
act to alter the time of holding certain circuit and county courts.”

Ordered , That Mr. T. Ward inform the House of Representa¬
tives thereof, and request their concurrence.

A bill from the House of Representatives, entitled “ an act to
repeal the act concerning champerty and maintenance, passed
on the 22d December 1798,” together with the amendments, was
taken up.

Mr. C. Allan moved to re-consider the vote taken on yesterday,
whereby the amendment concerning occupying claimants was

THE SENATE.

299

adopted; and the question being taken thereon, it was resolved in
the negative—Yeas 8, nays 22.

The yeas and nays being required thereon by Messrs. Carneal
and T. Ward, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, C ar¬
neal, Cowan, Dawson, Faulkner, Flournoy, Howard and Towles.

Those who voted in the negative, arc, Messrs. C. FI. Allen, Bar¬
bee, Barrett, Beauchamp, Blackburn, Duncan, Ewing, Forsythe,
Hickman, Lyon, M’Afee, Marshall, Mayo, Miller, Owens, Roper,
Rudd, Smith, J. Ward, White, Wickliff and Williams.

The bill was then further amended at the Clerk’s table, and read
a third time; and the question being taken on the passage there¬
of, it was resolved in the affirmative—\eas 26, na 3 ’s /.

The yeas and nays being required thereon by Messrs. Flournoy
and Faulkner, were as follows, to wit:

Those who voted in the affirmative, arc, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Blackburn, Carneal,
Cowan, Duncan, Ewing, Forsythe, Hickman, Lyon, M’Afee,
Marshall, Mayo, Miller, Owens, Roper, Rudd, Smith, J. Ward, I.
Ward, White, Wickliff and Williams.

Those who voted in the negative, are, Messrs. C. Allan, Bow-
man, Davidson, Faulkner, Flournoy, Howard and lowles.

Resolved, That the said bill, as amended, do pass, and that the
title be, “ an act to revive and amend the champerty and mainte¬
nance laws, and more effectually to secure the bonei Jide occu¬
pants of land within this Commonwealth.”

Ordered , That Mr. Carneal inform the House of Representa¬
tives thereof.

The Senate received information, by the Secretary of Stale,
that the Governor did, on the 5th inst. approve and sign enrolled
bills, which originated in the Senate, of the following titles, viz.
An act to repeal the law authorising the establishment of a Stale
Road from Frankfort to Bowling-green; an act to change the time
of holding the circuit and county courts of Calloway county, and
an act for the benefit oTLydia Smith.

Ordered , That Mr. Ewing inform the House of Representatives
thereof. '

Mr. Roper, from the committee for courts of justice, made the
following report, to wit:

The committee for courts of justice have, according to order,
had under consideration bills from the Blouse of Representatives
of the following titles, to wit: An act to provide for the sale of so
much of the real estate of William M’Doweil and William S. M -
Dowell, deceased, as may be necessary to pay (heir debts, and an
act for the benefit of Frederick Ridgley, and for other purposes:
and have come to the following resolution thereupon, to wit:

Resolved , That the said bills ought not to pass..

300

JOURNAL OF

Which was twice read and concurred in.

The question being taken on reading the said bills a third time,
it was resolved in the negative; and so the said hills were rejected.

Ordered , That Mr. Ewing inform the House of Representatives
thereof.

Mr. Barbee, from the joint committee of enrolments, reported
that they had examined enrolled bills and a resolution of the fol¬
lowing titles, to wit: An act for the benefit of Alexander Guffey ;
an act appointing commissioners for the protection of the naviga¬
tion of Big Barren river; an act providing for opening a road
from Franklin to Owenborough on the Ohio; an act to extend the
term of the Green circuit court; an act for the benefit of George
Corn and Samuel Foster; an act for the benefit of the widow and
heirs of James Dunbar, deceased ; an act altering the mode of dis¬
tributing the Acts, Journals and Reports; an act to prevent the
masters of vessels and others from employing or removing persons
of colour from this State; an act for the benefit of Danuel 1 rabuc
and others; an act allowing an additional term to the county
court of Hardin; an act to establish a Botanical Garden; an act
to authorise the executors of Brumfield Long to convey certain
lands; an act for the benefit of Joseph Cummins and others; an
act to amend the act incorporating the Centre College of Ken¬
tucky at Danville; an act for the benefit of Robert C. Slaughter;
an act for the benefit of Thomas Rutledge; an act for the divorce
of Nancy Eastland, Sally Chisney and Peyton Chapman; an act
for the benefit of William Lilted; an act to amend an act entitled
an act to enlarge the Penitentiary, and to provide for the more
speedy sale of the articles manufactured in that institution, ap¬
proved December 10th, 1822; an act for the benefit of Robert
Davis; an act to amend an act entitled an act for the benefit of
religious societies in this commonwealth, approved February 1st,
1814; an act to amend an act entitled an act to open a road from
Mountsterling to the Virginia line, by the way of Prestonshurg,
and for other purposes; an act for the benefit of the sheriffs of
Jessamine and Lincoln, and a resolution requiring the Keeper ol
the Penitentiary to furnish the convicts with Testaments; and had
found the same truly enrolled.

Tire Senate received a message from the House of Representa¬
tives announcing that their Speaker had signed said bills and re¬
solution.

Whereupon the Speaker of the Senate signed them, and they
were delivered to the joint committee of enrolments, to be laid
before the Governor; and after some time, Mi - . Barbee reported
that they had performed that duty'.

Mr. C. Allan, from the joint committee appointed to examine
and report the state of the Transylvania University, made the fol
lowing report, to wit:

THE SENATE.

301

The joint committee appointed to examine the state and con¬
dition of Transylvania University, have discharged the duty as¬
signed them, and beg leave respectfully to submit the following re¬
port:

That upon their arrival at Lexington, they took the earliest op¬
portunity of addressing to the Chairman and Board of Trustees of
the University, a letter, advising them of the objects contemplated
by your committee, and requesting from them a written commu¬
nication upon the various points of inquiry embraced by the reso¬
lution under which they were constituted, a copy of which letter
(marked A.) is herewith submitted as a part of this report. In
answer thereto, your committee received two reports, one of which
is hereunto annexed, marked B; the other, accompanied by the
hooks and papers of the Trustees, was presented as an expose of
the financial concerns of the institution. An attentive examina¬
tion of these documents justified your committee in believing that
the treasurer and clerk had, for many years past, kept their ac¬
counts with little regard to method or regularity. Upon intima¬
ting that this report was unsatisfactory, and not sustained, in many
particulars, by proper vouchers, it was, at the request of the
Trustees, returned, upon their giving your committee an assur¬
ance, that they would, in a few days, present another , with the ne¬
cessary evidences, arranged, as far as practicable, in a systematic
manner. In the effectuation of this object, more time was le-
quired than had been anticipated, and your committee did not
receive the promised report and exhibits, until Saturday evening
last. This fact, they trust, will excuse them for deferring then-
report to this late period of the session.

In connexion with the communication just mentioned, the Trus¬
tees have forwarded all the papers appertaining to their pecunia¬
ry transactions since the year 18 i 8, which constitute so large a
mass, as to preclude a complete examination at this time. Your
committee have bestowed as much attention upon them as cir¬
cumstances w-ould permit, and perceive that the Trustees have
used great diligence, and succeeded to a considerable extent, in
marshalling and arranging their accounts and vouchers. They
are, nevertheless, compelled to state, that the treasury depart¬
ment has not received that consideration which its importance de¬
mands. They were informed, and believe, that this subject has
recently claimed the attention of the Trustees, and that their ac¬
counts are now- carefully and methodically kept. This report, to¬
gether with a list of vouchers showing the expenditures on the
public buildings, is herewith presented, marked E. and F.

It was represented by the Board of Trustees, that considerable
sums of money had been expended in providing buildings and pro¬
curing furniture for the establishment of a Refectory. The prac¬
tice; ol Eastern Colleges, in relation to departments of this kind,

;4h

302 JOURNAL OF

justified the belief, that it might be made subservient to the best
interests of the University. A very short experience, however,
convinced them, that, whatever may have been their advantages
in other institutions of learning, the one in Transylvania was not
only in a great degree useless, but absolutely injurious. It has,
therefore,"been discontinued, and the buildings destined for t la
purpose have been converted into a dwelling for the rresiden .
Your committee will not hazard an opinion as to the policy or pro¬
priety of such establishments. Under proper regulations, they
may be productive of much good. Such, they are informea, has
been their effect elsewhere. They cannot but express their re¬
gret, that after the appropriation of so much money upon an ob-
jectofthis kind, it should have been abandoned, without giving to
the plan a more mature and satisfactory experiment. It is, not¬
withstanding, due to the Trustees, to observe, that the reasons as¬
signed by them go very far to vindicate the expediency of its dis¬
continuance. , , , .1 .

While upon this subject, it may not be improper to remark, that
in the discharge of the high and important duties confided to them,
the Trustees have, as far as your committee could judge, bee " ^ c '
tuated by a desire to promote the welfare and advancement ol the
University. Its numerous and complicated concerns impose a se¬
rious tax upon their time and attention, for which they derive no
compensation, save the proud consciousness ol endeavoring o

promote the cause of science. . ,

Your committee visited and examined every oepartment of the
University. They inspected, particularly, the condition and ex¬
tent of the public Libraries, with the rules adopted for then gov¬
ernment, and were much pleased to find them in excellent older,

and subject to judicious regulations. , .

The great amount of money expended in the election of the
University and its appendant buildings, calls for the exercise of
the most unremitting vigilance, to preserve them from destruction
by fire, or premature decay. Their preservation is particular y
entrusted to the President, who, in consequence of his convenient
residence, is enabled to bestow the requisite attention.

On account of the number of students in the Medical Depar -
ment, it has been found impracticable to afford the Professors in
that branch, suitable rooms for lecturing, in the College edi ic .
They have procured and caused to be fitted up, m own, apa
merits for that purpose, which, although large, are insufficient, at
this time, for the comfortable accommodation of the students, and
inadequate to a satisfactory exhibition of those experiments w n
are the most interesting and profitable part of medical instruction.
These inconveniences, it is to be hoped, will, erelong, be removed,
by the construction of an appropriate building to be exclusively
devoted to that department.

THE SENATE.

303

Your committee also attended, and were highly gratified at wit¬
nessing various specimens of examination and declamation in the
several departments of the University, and can say, with great
freedom, that the result was not less creditable to the professors,
than honorable and praiseworthy to the students.

In dismissing this branch of the subject, your committee would
respectfully suggest, that, in their opinion, a small reduction in
the price ol tuition might be made, without doing injustice to the
professors or injury to the institution. They are aware, that the
present depreciated state of our currency, forms an imposing ar¬
gument against such a change at this time. But in contrasting the
salaries received by some of the professors in the academical and
medical departments, with those allowed to the highest officers of
the State government, they arc constrained to believe that a mod¬
erate diminution of the former, while it would still afford a just
and liberal compensation to industry and talent, would augment
the popularity @f the institution, and enlarge the sphere of its use¬
fulness. The great objection urged against Transylvania Uni¬
versity, in the middle and more humble ranks of society, is, that it
dispenses its blessings to the rich alone. To give public and gen¬
eral satisfaction, by rendering its benefits, as far as practicable,
accessible to all, should be an object of peculiar and primary im¬
portance in the administration of a State University.

The report B. communicated by the President, contains a gen¬
eral and comprehensive view of the condition of the institution,
the number of students, the professors in the different depart¬
ments, the various branches of education taught, and the fees of
tuition. The prosperous state of the University, as developed by
Biis report, must be highly gratifying to every friend of learning.
Containing even now, 392 students, 140 of whom are from other
States, it is disseminating knowledge, diffusing a flood of intellec¬
tual light from its literary and scientific departments, not onlv
over Kentucky, but over the whole western country. The exis¬
tence of a government like ours, is essentiallv dependent on the
virtue and intelligence of the people. Kentucky should, there¬
fore, never be illiberal in her patronage, or remiss in her attention
to the interests of an institution so extensively influential in form-
ing the minds and the morals of her citizens. Those who preside
directly over its operations, from the consideration that it. will in¬
evitably decline and fall when unsupported by public opinion and
public friendship, should pretermit no exertion to bestow upon
the students useful and sound instruction, suppressing whatever
may be calculated to lower it in the estimation of the people, and
observing and enforcing, on the great subject of religion, apru-
dent silence and neutrality in regard to all sectarian doctrines.
We should feel disposed to protect and cherish this interesting in¬
stitution, in which the youth of our own, already associate with

I 1 * I

304 JOURNAL OP

those .r.UUccnofo^S, S |w^ta^|^

vated motive of multiplying. • interests. With-

oS=CM>>e r o,„ f

z;:z w JL*&

«£«»* p" w ’ sttnd '" f “ r '

less competition with any m the Union. , ti 0 f t h c gen-

Bn.Xlcyonr committee n X'B„t™SlHfteyfed“he M elv«

partment, have private classc invidious distinctions

practice, for several reasons. 1 will_ createnm ^ ^ who

between those students w 10 a te p ‘ letter it must be

refuse or are unable to purchase them. 1 o the latter,, ^ ^

particularly unpleasant and depicssing. institution . But this

fessors should be identified wi i ia interest which may, in its

practice must give rise to a separ^ rUy ’ of the University,

consequences, be unfnenc y 1 reflection upon the eminent

Without intending any alius on to, or re » several pro¬
gentlemen who at present till, with ab, Ut) ’ t

Lor,nip, r ■«”■

that the pub he professor, es abljhe „ p sion into U ,

quire a partiality for such students as purena rtiality

l preference to those who refuse.? And may not Urn p J.

ultimately manifest itsci m suspicion of partiality

The practice will at least give rise to a suspic o n<» P ^

SSSpilsSHS

instruction of which he is cap t . • , if the professors

tion of this kind, cannot be very beneficial or it t c P ^

discharge their public dhl.es w.d, , MehIj, < ‘ 8 he .

many ideas, impart as much in ormol.o , as «W ,,

pilscan possibly retain and mature ct [ ce which linne¬

ts, therefore, seriously apprehended that a pract.c ^ ^

cessarily enhances the puce o , ;|”uer=isled in, be pro-

tion and division among d* students’™Vtfeo P indulge the hope,
dactive of onhap, results. Y »“ n C “™ ““„d disinterested «-

■f

lc-

it,

re 1

it y

lie

lu-

ors

TI-IE SENATE,

305

ine-
fac-
) ro-
jpe,
re¬
ach

cannot elevate, hut may depress the fortunes of an institution, in
sustaining and promoting which, all should entertain the fondest
solicitude.

Your committee will conclude this report, by recommending the
adoption of the following resolution:

Resolved by the General Assembly of the Commonwealth of Ken¬
tucky , that the trustees of Transylvania University he required
to prohibit lecturing to private classes, on the part of the profes¬
sors, for gain, in such way as not to violate any existing engage-

From the Senate ,

CHILTON ALLAN,
JAMES WARD,

YOUNG EWING.

From the House of Representatives ,

G A BR1 EL S LA UGIITER,
C. M. CUNNINGHAM, •

. JOHN M. M'CONNELL,
EDWARD RUMSEY,

R. B. NEW.

N. B. The documents referred to, accompany the report to the
House of Representatives.

Mr. Ewing, from the committee of propositions and grievances,
made the following report, to wit:

l he committee of propositions and grievances have, according
to order, had under consideration a bill from the House of Repre¬
sentatives, to them referred, entitled “an act to establish the
county of Spencer, and have come to the following resolution
thereupon, to wit:

Resolved , That the said bill ought to pass.

Which resolution being amended to read, that the bill ought not
to pass, was concurred in.

The question being taken on reading the said bill a third time,
it was resolved in the negative; and so Hie said bill was rejected.

Ordered, That Mr. Roper inform the House of Representatives
hereof.

A bill from the House of Representatives, entitled “an act io
•cgulate certain conveyances,” was read a third time as follows, to
wit:

J 1. Be it^ enacted by the General Assembly of the Commonwealth of
'entucky, I hat when a sale of any real estate shall be made with-
n this Commonwealth, by any sheriTor other officer, by virtue of
ny execution issued upon a judgment or decree, or by any com-
nissioner or other person appointed by court, and the' same shall
Jie made contrary to the provisions of an act entitled “ an act to
ymend an act entitled an act to regulate endorsements on execu-

SOS

JOURNAL. OF

Rons,” approved December twenty-first, one thousand eight hun¬
dred and twenty-one, such sale shall be, and the same is hereby
declared null and void.

§ 2. Be it further enacted, That when a sale of any real estate
shall be made by any officer or commissioner, under authority of
any execution, decree or order as aforesaid, the deed of convey¬
ance to'the purchaser shall recite, that such execution, order or
decree, was or was not, as the case may be, endorsed for notes up¬
on the Bank of Kentucky and its branches, and notes upon the
Bank of the Commonwealth of Kentucky and its branches; and it
not so endorsed, it shall be further recited, that the real estate so
sold, was appraised by the commissioners appointed for that pur¬
pose by the county court of the county in which such real estate
is situated, and that said real estate was sold for three fourths of
the value put thereon in the said appraisement. And any sale or
conveyance made contrary to the provisions of this act, shall pass
'no estate to the purchaser or grantee, but shall be void; and such
conveyance shall not be admitted to record in the office of the clerk
of any court in this Commonwealth.

§ 3. Be it further enacted, That if any clerk in this Common¬
wealth shall admit to record in his office any such deed of con-
veyance, not conforming to the provisions of this act, he shall be
subject to a fine of five hundred dollars, recoverable by action of
debt in the name and for the use of the Commonwealth of Ken¬
tucky, in any circuit court having jurisdiction thereof, and shall
moreover be liable in damages to the party injured thereby.

x 4. Be it further enacted, That in case of the violation of the
provisions of this act bv any clerk, upon information thereof, it
shall be the duty of the attorney for the commonwealth to prose¬
cute for the aforesaid fine: Provided, however, That this act shall
not be construed to extend to the cases provided for by an act, en¬
titled “ an act to abolish imprisonment for debt and subject equi¬
table interests to execution,’ approved Docembei 17th, 1821,
and an act, entitled “ an acl to amend an act entitled an act re¬
gulating endorsements on executions, approved December 7th,
1822: And provided allsof that this act shall not be constiuedto
extend to an execution issued upon judgments obtained against
sheriffs, attorneys at law, or other officer, for money or bank notes
collected by such sheriff, attorney or other officer in their official

capacity, .

And the question being taken on the passage thereof, it was re¬
solved in the negative—Yeas 14, nays 16.

The yeas and nays being required thereon by Messrs. VV llliams
and Miller, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Barrett, Beauchamp, Duncan, Ewing, For¬
sythe, M’Afee, Mayo, Miller, Owens, Rudd and T. Ward.

THE SENATE.

307

Those who voted in ‘he negative, are, Messrs. C. Allan, Black¬
burn, Bowman, Cowan, Davidson, Faulkner, Flournoy, Hickrnan,
Howard, Marshall, Roper, Smith, Towles, J. Ward, White and
Williams.

And so the said bill was rejected.

Ordered., That Mr. Roper inform the House of Representatives
thereof.

Bills from the House of Representatives of the following titles,
to wit: An act for the benefit of Robert Hunter, deceased, and an
act for the benefit of the heirs of Richard Cocke and Mary Cocke,
deceased, were read the first time.

The question being taken on reading the former bill a second
time, it was resolved in the negative; and so the said bill was re¬
jected.

The rule being dispensed with, the latter bill was read a second
and third times.

Resolved, That the said bill do pass, and that Mr. Roper inform
the House of Representatives thereof.

The Senate then, according to the standing order of the day,
resolved itself into a committee of the whole house on the state of
the commonwealth, Mr. Barbee in (he chair; and after some
time spent therein, Mr. Speaker resumed the chair, and Mr. Bar¬
bee reported, that the committee had, according to order, had
under consideration a bill from the House of Representatives enti¬
tled “an act to apply the net profits of the Bank of the Common¬
wealth for the year 1824, in aid of the public revenue,” and had
gone th'rough the same with an amendment in lieu of the bill,
which he handed in at the Clerk’s table.

The amendment was then read as follows, to wit:

§ 1. Be it enacted by the General Assembly of the Commonwealth of
Kentucky, That the sum of dollars be, and the same

is hereby appropriated, out of the State’s stock in the Bank of
Kentucky, for the purpose of public revenue.

§2. Be it further enacted, That the President and Directors of
the Bank of Kentucky be, and they are hereby' authorised to pay
to the Treasurer ot the State, taking his receipt therefor, the said
sum of dollars in notes on the Bank of the Common¬

wealth of Kentucky; for which sum the Bank of Kentucky shall
have a credit, at the rale ot eighty dollars per share, for so much
of the State’s stock in said bank, the State reserving the residuary
interest of twenty per cent, upon each share of the stock thus paid
over, until the concerns of said bank are closed.

And the question being taken on the adoption thereof, it was
resolved in the affirmative—Yeas 24, nays 7.

The yeas and nays being required thereon by Messrs. Beau
champ and Williams, were as follows, to wit:.

308 JOURNAL OF

Those who voted in the affirmative, arc Messrs. C. Allan, Bar¬
bee, Barrett, Beauchamp, Blackburn, Bowman, Carneal, Cowan,
Davidson, Duncan, Ewing, Faulkner, Forsythe, M’Afee, Marshall,
Miller, Roper, Rudd, Smith, Towles, J. Ward, T. Ward, White
and Wield iff.

Those who voted in the negative, are Messrs. C. H. Allen, Bal¬
linger, Hickman, Lyon, Mayo, Owens and Williams.

The bill was then read a third time; and the question being
taken on the passage thereof, it was resolved in the affirmative—
Yeas 24, nays 7.

The yeas and nays being required thereon by Messrs. C. H. Al¬
len and Smith, were as follows, to wit:

Those who voted in the negative, are Messrs. C. H. Allen, Bal¬
linger, Hickman, Lyon, Mayo, Owens and Williams.

Resolved, That the said bill, as amended, do pass, and that the
title be, “an act authorising a surrender of a part of the State's
stock in the Bank of Kentucky.”

Ordered , That Mr. Williams inform the House of Representa¬
tives thereof.

And then the Senate adjourned.

WEDNESDAY, JANUARY 7, 1824.

The Senate assembled.

The following bills were reported, to wit:

By Mr. Blackburn—A bill to legalize the proceedings of the
Woodford county court at their January term 1824.

By Mr. Owens-— A bill for the benefit of certain seminaries.

And by Mr. C. H. Allen—A bill supplemental to an act estab¬
lishing the county of Oldham.

Which were severally read the first time and ordered to be read
a second time; and the rule being dispensed with, the two former
bills were read a second and third times, (having been engrossed.)

Resolved, That the said bills do pass, and that the titles be, res¬
pectively, “an act to legalize the proceedings of the Woodford
county court at their January term 1824,” and “an act for the
benefit of certain seminaries.”

Ordered'. That Vlr. Blackburn inform the House of Representa¬
tives thereof, and request their concurrence.

Mr. M irsfiall, from the select committee to whom were referred
resolutions from the House of Representatives, approbatory of the

course pursued by Ihp President of the United States in relation
to the struggles of the Greeks and South Americans for freedom,
and in relation to the administration of the general government,
reported the s;ime with amendments, which were concurred in,
and the resolutions unanimously adopted.

Ordered , That Mr. M'Afee inform the House of Representatives
thereof.

The Senate received a message from the House of Representa¬
tives, announcing the passage of bills from the Senate of the fol¬
lowing titles, to wit: An act to increase the allowance to indigent
pupils in the Asylum for the education of the Deaf and Dumb;
an act to lay off the State into Electoral Districts; an act to alter
the time of holding certain circuit and county courts; an act to
repeal all laws allowing a replevin of two years on contracts enter¬
ed into after the first dayofJune next; an act to legalize the pro¬
ceedings of (he Woodford county court at their Jarfuary term
1824; an act declaring Dick’s river navigable; an act to establish
the town of Mayfield, in Graves county, and to provide for the sale
of the lots; an act to change the venue in the case of John Wil¬
liams; an act.furtherto regulate the town of Christiansburg, and
for other purposes; an act for the benefit of Robert Kinkaid; an
act for the benefit of the heirs of David Davidson, deceased; an
act for the benefit of sheriffs; an act to add a part of the county of
Floyd to the county ofMorgan, and for other purposes; an act for
the benefit of Nancy Cravens; an act to change the terms of the
Woodford circuit court; an act for the benefit of John Anderson;
an act authorising certain county courts to hold additional terms,
and an act to authorise the clerk of Hickman county court to
transcribe certain records.

The Senate received a message from the House of Representa¬
tives, announcing that they had concurred in the amendments
made by the Senate to a bill entitled “ an act to repeal the act
concerning champerty and maintenance, passed on the 22d day of
December 1708,” with amendments; and that they had disagreed
to the amendment made to a bill entitled “an act to apply the
net profits of the Bank of the Commonwealth for the year 1824,
in aid of the public revenue.”

The amendments proposed by the House of Representatives to
the former bill, were read and concurred in.

Resolved, That the Senate insist on their amendment to the lat¬
ter hill.

Ordered , That Mr. Carneal inform the House of Representatives
thereof.

The vote whereby a bill entitled “ an act Concerning the Di¬
rectors of the Bank of Kentucky,” together with the amendment
made thereto by the House of Representatives, was laid on the ta¬
bic, was re-considered.

THE SENATE.

war

JOURNAL OF

Resolved , That the Senate recede from their disagreement to the
amendment, with amendments.

Ordered, That Mr. Carneal inform the House of Representatives
thereof.

Mr. Ewing, from the committee of conference on the disagree¬
ment of the two Houses on the amendments to the bill for the ben¬
efit of the stockholders of the Farmers and Mechanics’ Bank of
Logan, and for other purposes, made a report, which was concur¬
red in.

Ordered, That Mr. Ewing inform the House of Representatives
thereof.

The Senate received, by the Secretary of State, a written mes¬
sage from the Governor; and the rule being dispensed with, it
was taken up and read as follows, to wit:

Gentlemen of the Senate,

I nominate for your advice and consent, James Quielt, brig¬
adier general of the 15th brigade, vice Thomas Fletcher, promo¬
ted.

Benjamin T. Thornton, colonel of the 47th regiment, vice
James Quiett, promoted.

William Hamilton, lieutenant colonel of the samoregiment, vice
Benjamin T. Thornton, promoted.

Thomas Johns, colonel of the 98th regiment, vice Francis A.
Brown, resigned.

James Vanhoose, lieutenant colonel of the same regiment, vice
William Reany, resigned. .

George Martin, major of the same regiment,.vice Thomas Johns,

promoted.

Lewis Powers, colonel of the 115th regiment, lately lormed.

Henley M’Kinzey, lieutenant colonel of the same regiment.

Joseph Haund, major of the same regiment.

1 also nominate James Clinton, keeper of the gate on the turn¬
pike and wilderness road, for the present year.^ ^ ^ ^

January 7th, 1824.

Resolved, That the Senate advise and consent to said appoint¬
ments, and that Messrs. T. Ward and Williams inform the Gov¬
ernor thereof.

The following bills were reported, to wit:

By Mr. Denn)—A bill supplemental to the act fixing the ratio
and apportioning the representation for the ensuing four years.

And by Mr. Towles—A bill for the benefit of Thomas K. Pee¬
bles. .

Which were severally read the first time and ordered to be read
a second time; and the rule being dispensed with, the former biL
was read a second and third times, (having been engrossed.)

THE SENATE,

31L

Resolved , That the former bill do pass, and that the title he, “ an
act supplemental to an act fixing the ratio and apportioning the
representation for the ensuing fouryears.”

Ordered , That Mr. Denny inform the House of Representatives
thereof, and request their concurrence.

Mr. Williams moved to lay the latter bill on the table until the
first day of June next; and the question being taken thereon, it
was resolved in the negative—Yeas 13, nays 14.

The yeas and nays being required thereon by Messrs. Williams
and T. Ward, were as follows, to wit:

Those who voted in the affirmative, are Messrs. C. Allan, C. H.
Allen, Barrett, Beauchamp, Davidson, Faulkner, Flournoy, Hick¬
man, Miller, Owens, Smith, J. Ward and Williams.

Those who voted in the negative, are Messrs. Ballinger, Black¬
burn, Carneal, Duncan, Ewing, Forsythe, Howard, Lyon, M’Alee,
Marshall, Towles, T. Ward, White and Wickliff.

On motion,

Resolved , That a message he sent to the House of Representa¬
tives, requesting leave to withdraw the report of the rejection of
the bill to establish the county of Spencer.

And the bill being returned, Mr. Wickliff moved to amend the
resolution, to read, that the bill ought not to pass; and the ques¬
tion being taken thereon, it was resolved in the negative—Yeas 4,
nays 17.

The yeas and nay3 being required thereon by Messrs. Wickliff
and Blackburn, were as follows, to wit:

Those who voted in the affirmative, are Messrs. Hickman,
Marshall, White and Wickliffe.

Those who voted in the negative, are Messrs. C. Allan, C. IT.
Allen, Barrett, Beauchamp, Blackburn, Carneal, Cowan, David¬
son. Denny, Ewing, Faulkner, Howard, M'Afee, Mayo, Owens,
T. Ward and Williams.

1 he bill was then read a third time; and the question being
taken on the passage thereof, it was resolved in the affirmative—
Yeas 17, nays 9.

The yeas and nays being required thereon by Messrs. Wickliff
and Williams, were as follows, to wit:

Those who voted in the affirmative, are Messrs. C. H. Allen,
Beauchamp, Blackburn, Carneal, Cowan, Davidson, Denny, Ew¬
ing, Faulkner, Howard, Lyon, M’Afee, Mayo, Miller, Owens, T.
Ward and Williams.

I hose who voted in the negative, are Messrs. Barrett, Duncan,
Flournoy, Hickman, Marshall, Smith, Towles, White and Wick¬
liff.

Resolved, That the said bill do pass, and that Mr. Williams in¬
form the House of Representatives thereof.

JOURNAL OF

The Senate took up the hill from the House of Representatives}
entitled “ an act to apply the net profits of the Bank of the Com¬
monwealth for the year 1824, in aid of the public revenue,” toge¬
ther with the amendment of the Senate.

Resolved , That the Senate insist on their amendment.

Ordered, That Mr. G. Allan inform the House of Representa¬
tives thereof.

The following hills were reported, to Wit:

By Mr. Marshall—A hill for the benefit of the Sergeant of the
Court of Appeals.

And by Mr. Wickliff—A hill supplemental to an act establish¬
ing the county of Spencer.

Which were severally read the first time; and the rule being
dispensed with, they were read a second and third times, (having
been engrossed.)

Resolved, That the said bills do pass, and that the titles be as

aforesaid. , _

Ordered, That Mr. Wickliff inform the House of Representa¬
tives thereof.

The Senate received a message from the House of Representa¬
tives, announcing that they had agreed to the report ot the com¬
mittee of conference on the bill for the benefit of the stockholders
of the Farmers and Mechanics’ Bank ot Logan, and for olhei pui-
poses: That they had concurred in the amendments proposed by
the Senate to resolutions approbatory of the course pursued by
the President ofthe United States in relation to the struggles ot
the Greeks and South Americans for freedom, and in relation to
the administration of the general government; and that they had
passed a hill from the Senate, entitled “ an act concerning the
Bank of Kentucky and Bank of the Commonwealth,” with an

amendment. • ,

The amendment to the latter bill was taken up; and the ques¬
tion being taken upon concurring therein, it was resolved in the
affirmative—Yeas 22, nays 8.

The yeas and nays being required thereon by Messrs. Beau¬
champ .and Bowman, were as follows, to wit:

Those who voted in the affirmative, are Messrs. C. Allan, L. it.
Allen, Ballinger, Barbee, Barrett, Blackburn, Bowman, Carneal,
Cowan, Davidson, Duncan, Ewing, Faulkner, Flournoy, Forsythe,
Hickman, Howard, M’Afec, Marshall, Miller, Smith and White.

Those who voted in the negative, are Messrs. Beauchamp,
Denny, Lyon, Mayo, Owens, Towles, T. Ward and Wickliff.

Ordered, That Mr. Blackburn inform the House of Representa¬
tives thereof. „ , TT c r> .

The Senate received a message from the House ot Representa¬
tives, announcing that they had passed bills of the following titles,
to wit: An act for the divorce of Aaron Earnest and Elizabeth

Noc), and an act for the appropriation of money; and that they
insisted on their disagreement to the amendment made by the
Senate to a bill entitled “ an act to apply the net profits of the
Bank of the Commonwealth for the year 1C24, in aid of the public
revenue;” and asked a conference on the disagreement on the
latter subject.

Resolved, That the Senate consent to said conference, and that
Messrs. C. Allan, Ewing, Barbee and Marshall be appointed a
t of the Senate.

and the rule

y were read a second time, and the first
been amended at the Clerk’s table.)

ss, and that the title he, “ an

committee on the par

The said bills were severally read the first time;'
being dispensed with, they
a third time-, (having !-

Resolved, That the first bill do pa: , .

act for the divorce of Aaron Earnest, Elizabeth Noel and William
Thompson.”

Ordered, That Mr. Smith inform the House of Representatives
thereof.

The latter bill was committed to a committee of the whole house
on the state of the commonwealth.

Whereupon the Senate, according to the standing order of the
day, resolved itself into a committee ot the whole house on the
state of the commonwealth, Mr. Faulkner in the chair; and alter
some time spent therein, Mr. Speaker resumed the cnair, and Mr.
Faulkner reported, that the committee had, according, to order,
had under consideration a bill from the House ot Representatives
entitled “an act for the appropriation of money, and had gone
through the same, and made sundry amendments, which he hand¬
ed in at the Clerk's table, where they were severally read.

The following amendment was read, to wit: “ To Samuel
South, treasurer, three hundred dollars, tor clerk hire. And the
question being taken upon concurring therein, it was resolved in
the affirmative—Yeas 21, nays 9.

The yeas and nays being required thereon by Messrs. Wieldilf
and Owens, were as follows, to wit:

Those who voted in Hie affirmative, are Messrs. C. Allan, Bar¬
rett, Beauchamp, Carneal, Denny, Duncan, Ewing, Hickman,
Howard, M’Afee, Marshall, Mayo, Miller, Owens, Roper, Rudd,

.314

JOURNAL OF

... . .

Ami the question being taken thereon, it was resolved in the af¬
firmative—Yeas 21, nays 10.

The yeas and nays being required thereon by Messrs. Bowman
and Owens, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Ballinger,
Barrett, Beauchamp, Blackburn, Bowman, Davidson, Denny,
Duncan, Eyving, Forsythe, Howard, M Alec, Marshall, May o, Mil¬
ler, Roper, Rudd, J. Ward, T. Ward, Wickliff and Williams.

Those who voted in the negative, are, Messrs. C. Allan, C. II.
Allen, Carneal, Cowan, Faulkner, Hickman, Lyon, Owens, Smith
and Towles.

The other amendments were then concurred in, and the. bill
read a third I irne.

Resolver/, That the said bill do pass, and that Mr. Williams in¬
form the House of Representatives thereof.

The Senate received several messages from 1 he House of Rep¬
resentatives, announcing the passage of the following hills from
the Senate, to wit: An act for (he benefit of certain seminaries;
an act supplemental to the act fixing the ratio and apportioning
the representation for the ensuing four years; an act supplemental
to an act establishing the county of Spencer, and an act for the ben¬
efit of the Sergeant of the Court of Appeals. Also, that they
concurred in the amendments made by the Senate, upon receding
from their disagreement to the amendments made by the House ot
Representatives to a bill entitled “an act concerning the Direc¬
tors of the Bank of Kentucky;” and that they adhered to their
disagreement to an amendment made by' the Senate to a bill enti¬
tled “ an act to apply the net profits of the Bank of the Common¬
wealth for the year 1824, in aid of the revenue.”

The amendment was again taken up and read. It was then
moved and seconded.that the Senate recede from their amend¬
ment: and the question being taken thereon, it was resolved in
the affirmative—Yeas 20, nays 12.

The veas and nays being required thereon by Messrs. Black¬
burn and Beauchamp, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. IT. Allen,
Ballinger, Barrett, Blackburn, Bowman, Cowan, Denny, Duncan,
Faulkner, Flournoy. Howard, Lyon, M’Afce, Roper, Rudd, Smith,
Towles, J. Ward, Wickliff and Williams.

Those who voted in the negative, are, Messrs. C. Allan, Barbee,
Beauchamp, Carneal, Davidson, Ewing, Forsythe, Hickman,
Marshal], Miller, Owens and T. Ward.

Ordered , That Mr. Williams inform the House of Representa¬
tives thereof.

Mr. Blackburn read and laid upon the tabic the following reso¬
lution, to wit:

Fauci copies of the general Laws passed at the present session oi
the Legislature, and one hundred and fifty copies of tlie Journals
of the present session, he printed by the Public Printers, and
bound by William Wood and A. C. Keenon, and be delivered to
the Secretary of State for distribution.

The rule being dispensed with, it was taken up and concurred

Mr. T. Ward read and laid on the table the following resolu¬
tion, to wit:

Resolved by the General Assembly of the Commonvi'calth oj Ken¬
tucky , That the Keeper of the State-House proceed forthwith to
have the balcony painted; to have gutters placed around the
roof, for conducting off the water; to have the foundation point¬
ed; to have venitian blinds made for the false windows, and to
have the frames of said windows painted; to be paid for out oi the

treasury. .

The rule being dispensed with, it was taken up and concuireu

in.

Ordered, That Mr. Blackburn inform the House of Representa¬
tives thereof.

On the motion of Mr. Ewing,

Resolved, That the Sergeant-at-arms be directed to distribute
the wood remaining on hand at the close ol the present session,
among the widows and poor citizens of North and South F rank-
fort, as heretofore.

On motion of Mr. Owens;

Resolved by the General Assembly of the Commonwealth of Ken¬
tucky, That the joint resolution fixing on the 7th inst. for a final
adjournment of the General Assembly, be rescinded.

Ordered, That Mr. Owens inform the House of Representatives
thereof.

The Senate received, by the Secretary of State, a written mes¬
sage from the Governor; and the rule being dispensed with, it
was taken up and read as follows, to wit:

Gentlemen of the Senate,

The recommendations having been made to me. agreeably to
the provisions of the constitution, I nominate for your adv ice and
consent, Wilson L. Davis, sheriff; David Cox, coroner; Stephen
Bard, Jepthah Berkley, John Huston, John Lillcy, Gideon Walk¬
er, Thomas Newman, Jonathan Cox, Mastin B, Shelburn and
Stilwell Heady, justices of the peace in and for the county of
Spencer.

1 also nominate Alexander IF. Renniclc, division quartermaster
of the 3d division of Kentucky militia, in the place of Willis A.
Lee, resigned.

JOHN ADAIR.

January 7th, 1824.

JOURNAL OF

Resolved, 'That the Senate advise anil consent to said appoint¬
ments, and that Messrs. Wickliff and White inform the Gov¬
ernor thereof.

Messrs. Barbee and Williams, from the joint committee of en¬
rolments, reported that they had examined enrolled hills and re¬
solutions of the following titles, to wit: An act to change the
terms of the W oodford circuit court; an act to increase the allow¬
ance to indigent pupils in the Asylum tor the education ot the
Deaf and Dumb, and for other purposes; an act for the benefit of
Robert Kinkaid; an act to alter the time of holding certain cir¬
cuit and county courts; an act to establish the town of Mayfield,
in Graves county, and to provide for the sale of the lots; an act to
repeal all laws allowing a replevin ot two years on contracts en¬
tered into after the first da) r ol June next; an act to lay oil the
State into electoral districts; an act declaring Dick’s river naviga¬
ble; an act to legalize the proceedings of the Woodford county
court at their January term 1824; an act to change the venue in
the case of John Williams; an act for the benefit of the heirs of
David Davidson, deceased; an act for the benefit of sheriffs; an
act concerning the Bank of Kentucky and the Bank of the Gom-
momvcalth; an act for the benefit of the executors of John B.
Wooldridge; an act to amend the act entitled an act to abolish
imprisonment for debt and subject equitable interests to execution;
an act for the benefit of Joshua Barbee and the devisees of John
Barbee, deceased; an act for the relief of certain aliens; an act to
amend the several acts concerning the town of Cynlhiana; an act
to carry into operation the Lunatic Asylum; an act to alter the
time of holding certain circuit courts; an act for the benefit of
Nancy Strode; an act for the benefit of the Lexington Presbyterian
Congregation; an act to incorporate the Republican Circulating
Library 1 Company; an act for the benefit of John Anderson; an act
authorising certain county courts to hold additional terms; an act
for the benefit of certain seminaries; an act concerning the Direc¬
tors of the Bank of Kentucky; an act concerning the town of
Christiansburg, and for other purposes; an act to authorise the
clerk of Hickman county court to transcribe certain records; an
act supplemental to the .act fixing the ratio and apportioning the
representation for the ensuing four years; an act to apply the net
profits of the Bank of the Commonwealth for the year 1824. in aid
of the public revenue; an act for ttie benefitfdf the stockholders of
the Farmers and Mechanics’ Bank of Logan, and for other purpo¬
ses; an act for the benefit ot Nancy Cravens-; an act to add a part
of the county ot Floyd to Morgan county, and for otlici purposes,
an act to revive and amend the champerty and maintenance law,
and more cfiectuallv to secure the bond fide occupants ot land with¬
in this commonwealth; resolutions approbatory of the course ot
the President of the United States in relation to the struggles of

THE SENATE.

317

the Greeks anil South Americans for freedom, and in relation to
the administration of the general government; an act for the di¬
vorce of Aaron Earnest, Elizabeth Noel and William Thompson;
an act to establish the county of Spencer; a remonstrance to the
Congress of the United States, on the subject of the decision of the
Supreme Court of the United States on the occupying claimant
laws of Kentucky; a resolution appointing commissioners to ex¬
amine and report the slate of the Penitentiary; ari act to improve
the navigation of Pig Sandy rive; an act to establish election pre¬
cincts in certain counties, and an act for the benefit of the heirs of
Richard Cocke and Mary Cocke, deceased; and had found the
same truly enrolled.

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said bills and re¬
solutions.

Whereupon the Speaker of the Senate signed them, and they
were delivered to the joint committee of enrolments, to belaid
before the Governor; and after some time, Mr. Barbee reported
that they had performed that duty.

The Senate received a message from the House of Representa¬
tives, announcing that they had concurred in the resolution re¬
scinding the order for adjournment, with an amendment; and
that they had received official information that the Governor did,
on the 5th inst. approve and sign enrolled bills, which originated
in that House, of the following titles, viz. An act to authorise the
surveyors of Jefferson and Harlan counties to transcribe certain
books in their offices; an act to regulate the toll of certain turn¬
pike gates in this commonwealth; an act for the benefit of the
heirs of Benjamin Collins, deceased; an act to authorise the Re¬
gister to transcribe certain entries; an act to amend an act for sur¬
veying the military claims west of Tennessee river; an act to
amend the act to regulate endorsements on executions; an act for
the relief of the sheriffs of Lincoln and Jefferson counties; also,
enrolled resolutions in relation to the sales of articles manufactur¬
ed in the Penitentiary: And that the Governor did, on this day,
approve and sign bills of the following titles, viz. An act for the
benefit of Robert Davis; an act to amend an act to open a road
from Mountsterling to the Virginia line, bv way of Prestonsburg,
and for other purposes; an act for the benefit of Alexander Guffey;
an act to prevent the masters of vessels and others from employing
or removing persons of colour from this State; an act providing for
opening a road from Franklin to Owenborough on the Ohio"; an
act for the benefit of Daniel Trabuc and others; an act to appoint
commissioners for the protection of the navigation of Big Barren
river; an act for the benefit of George Corn and Samuel Foster;
an act to extend the terms of the Green circuit court; an act to
amend an act entitled an act for enlarging the Penitentiary, and

JOURNAL OF

to provide for the more speedy sale of (he articles manufactured in
that institution, approved December 10th, 1322; an act prescrib¬
ing the duties of the Reporter of the decisions of the Court of Ap¬
peals; an act for the divoice of Nancy Eastland, Sally Ghisnev
and Peyton Chapman; an act for the benefit of the widow and
heirs of James Dunbar, deceased ; an act altering the mode of dis¬
tributing the Acts, Journals and Reports: an act to amend an act
entitled an act for the benefit of religious societies in this common¬
wealth, approved February 1st, 1814; an act to establish election
precincts in certain counties; an act for the benefit of the heirs
of Richard Cocke and Mary Cocke, deceased; an act to improve
the navigation of Big Sandy river: Also, a remonstrance io the
Congress of the United States, on the subject of the decision of the
Supreme Court of the United States on' the occupying claimant
laws of Kentucky: a resolution appointing commissioners to ex¬
amine and report the state of the Penitentiary, and a resolution
requiring the Keeper of the Penitentiary to furnish the convicts
with Testaments.

The amendment to the resolution was taken up and concurred

in.

Ordered , That Mr. Owens inform the House of Representatives
thereof.

The Senate received information, by the Secretary of State,
that the Governor did, on the 5th, inst. approve and sign an en¬
rolled bill, which originated in the Senate, entitled “ an act to al¬
low additional justices of the peace to the counties of Trigg and
Garrard;” and that he did, on this day, appove and sign enrolled
bills of the following titles, to wit: An act allowing an additional
term to the county court of Hardin; an act to establish a Botani¬
cal Garden; an act for the benefit of Joseph Cummins and others;
an act to authorise the executors of Brumfield Long to convey cer¬
tain lands; an act for the benefit of Thomas Rutledge; an act for
the benefit of Robert C. Slaughter; an act to amend the act incor¬
ating the Centre College of Kentucky at Danville; an act for the
relief of certain aliens; an act for the benefit of Nancy Strode;^ an
act for the benefit of Joshua Barbee and the devisees of John Bar¬
bee, deceased; an act to carry into operation the Lunatic Asy¬
lum; an act for the benefit of the Lexington Presbyterian Con¬
gregation; an act to alter the time of holding certain circuit
courts; an act for the benefit of the executors of John B. Wool-
dridge 5 ; an act to amend an act entitled an act to abolish imprison¬
ment for debt and subject equitable interests to execution; an act
to amend the several acts concerning the town of Cynthiana, and
an act to incorporate the Republican Circulating Library Com¬
pany.

Ordered , That Mr. Williams inform the House of Representa¬
tives thereof.

THE SENATE,

lor
3 i'¬
ll e
ail
:ir-

5 y-

311 -

uit

ol-

on-

ACt

illfl

The Senate received a message from the House of Representa¬
tives, announcing that they had adopted resolutions from the
Senate, for printing arid binding (he Acts and Journals; and a re¬
solution directing certain repairs to be made to the Capitol.

The Speaker laid before the Senate the following communica¬
tion, to wit:

Bank of Kentucky, Jan. 7th, 1824.

Sir :

The stockholders, on their part, did, on yesterday, elect
Robert Alexander, John Brown, Preston W. Brown, Benjamin
Gratz, Jepthah D. Garrard and Charles Julian, as directors of this
institution, to serve the present year.

Very respectfully,

The Hon. William T. Barry,

Speaker of the Senate.
And then the Senate adjourned.

J. HARVIE, Preset.

THURSDAY, JANUARY 8, 1824.

The Senate assembled.

Pile Senate received a message from the House of Representa¬
tives, announcing that they had concurred in the amendments
made by the Senate to a bill entitled “an act for the appropria¬
tion of money,” except three.

1 he said amendments were again taken up and read.

Resolved. That the Senate insist on their amendments, and that
Mr. Ewing inform the House of Representatives thereof.

The Senate received a message from the House of Representa¬
tives, announcing the passage of a bill entitled “an act supple¬
mental to an act apportioning the representation of this common¬
wealth; and that they adhered to their disagreement to the
amendment raising the wages of the members, and insist on their
disagreement to the other amendments tc the bill entitled “ an act-
tor the appropriation of money.”

The former bill was read the first time; and the rule bcine dis¬
pensed with, the said bill was read a second and third times

Resolved, That the said bill do pass, and that Mr. Denny inform
trie House of Representatives thereof.

I he bill entitled “an act for the appropriation of money,” and
the amendments proposed thereto by the Senate, were again taken
up and read.

It was moved and seconded that the Senate adhere to their
amendment raising the wages of the members of the Legislature-
md the question being taken thereon, it was resolved in the af-
krmative—Yeas 23, nays 8.

£20 JOURNAL OF

The yeas and nays being required thereon by Messrs. Flournoy
and Ewing, were as follows, to wit:

Those who voted in the affirmative, arc, Messrs. Ballinger*
Barbee, Barrett, Beauchamp, Blackburn, Bowman, Caracal, Da¬
vidson, Denny. Duncan, Ewing, Forsythe, Howard, M’Afee, Mar¬
shall, Mayo, Miller, Owens, Roper, J. Ward, T. Ward, White and

Williams. . r ,,

Those who voted in the negative, are, Messrs. C. Allan, w. u.
411en, Cowan, Faulkner, Flournoy, Hickman, Lyon and Smith.

Resolved , That the senate insist on the other amendments, and
that they ask a conference on the disagreement concerning said
amendments.

Messrs. Howard, Roper, Marshall, Ewing and Denny were ap¬
pointed a committee on the part ol the Senate.

Ordered , That Mr. Ewing inform the House of Representatives

thereof. - . , , i tvi

The committee retired, and after some time returned, and Mr.

Howard made the following report, to wit: . ,

The committee of conference on the bill for the appropriation ot
money, have agreed that (he Senate recede from their amend¬
ment to the bill, giving office-rent to the clerk of the genera court,
and that part appropriating $300 to the treasurer for clerk-hire;
and the House of Representatives to recede from their disagree¬
ment to that part of the bill raising the wages of the members ol

the Legislature. . „ ' .

The Senate received a message from the House of Repiesenta-
tives. announcing that they had disagreed to. the report of he
committee of conference on the disagreement of the two branches
on three of the amendments made to the bill for the appropriation
of money, and that they adhered to their disagreement to the
amendments made by the Senate.

The amendments were again taken up and read.

Mr. Marshall moved that the Senate recede from said amend¬
ments; and the question being taken thereon, it was resolved n.

the negative—Yeas 11, nays 17.

The yeas and nays being required thereon by Messrs. Beau¬
champ and Ewing, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan. 1 ai-
rett, Blackburn, Caracal, Faulkner, Flournoy, Hickman, Lyon.
M’Afee, Smith and Williams.

Those who voted, in the negative, are, Messrs. C. H. Allen,
Ballinger, Barbee, Beauchamp, Denny, Duncan, Ewing, Forsy the,
Howard, Marshall, Mayo, Miller, Owens, Roper, J. Ward, L

^ Mr. Marshah then moved that the Senate recede from their
amendment raising the wages of the members; and the qucsUo
being taken thereon, it was resolved in the affirmative— Yeas 1 ,
nays 10.

THE SENATE.

32 i

The yea? and nays being required thereon by Messrs. Beau*
champ and Miller, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. C. Allan, Bar*
bee, Barrett, Blackburn, Bowman, Caracal, Faulkner, Flournoy,
Hickman, Howard, Lyon, M’Afee, Marshall, Smith, J. Ward, T.
Ward, White and Williams.

Those who voted in the negative, are, Messrs. C. H. Allen, Bal¬
linger, Beauchamp, Denny, Ewing, Forsythe, Mayo, Miller,
Owens and Roper.

Mr. C. H. Allen then moved that the Senate adhere to the
other amendments', and,the,question being taken thereon, it was
resolved in the negative—Yeas 12 , nays 1 G.

The yeas and nays being required thereon by Messrs. C. H.
Allen and Miller, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Ballinger,
Barbee; Beauchamp, Ewing, Forsythe, Howard, M’Afee, Mar¬
shall, Mayo, Owens, J: Ward and T. Ward.

Those who voted in the negative, are, Messrs. C. Allan, C. H.
Allen, Barrett, Blackburn, Bowman, Corneal, Denny, Faulkner,
Flournoy, Hickman, Lyon, Miller, Smith, White and Y\ illiams.

Resolved , That the Senate recede from said amendments.

Ordered , That Mr. Ewing inform the House of Representatives
thereof.

Mr. Denny then moved that a message be sent to the House of
Representatives, announcing that the Senate have finished their
legislative business, and are no\v ready to adjourn without day 5
and the question being taken thereon, it was resolved in the af¬
firmative—Yeas 14, nays 12 .

The yeas and nays being required thereon by Messrs. Beau¬
champ and C. Allan, were as follows, to wit:

Those w ho voted in the affirmative, are, Messrs. C. II. Allen,
Ballinger, Barbee, Beauchamp, Denny, Duncan, Ewing, For¬
sythe, Miller, Owens, Roper, J. Ward, T. Ward and White.

Those who voted in the negative, are, Messrs. C. Allan, Barrett,
Blackburn, Carncal, Cowan, Davidson, Faulkner, Flournoy, Hick¬
man, Lyon, Smith and Williams.

Ordered, That Mr. Denny carry said message.

Mr. Barbee, from the joint committee of enrolments, reported
that they had examined enrolled bills and resolutions of the fol¬
lowing titles, to wit: An act supplemental to an act entitled an
act supplemental to an act apportioning the representation of this
commonwealth; an act for the appropriation of money; a resolu¬
tion for printing the Acts and Journals, and a resolution for doing
certain repairs to the Capitol; and had found the same truly en¬
rolled.

2 Q

' v ■ • *T ■ 1 $

322 JOURNAL OF

The Senate received a message from the House of Representa¬
tives, announcing that their Speaker had signed said mils and re-

8J 'whereupon the Speaker of the Senate signed them, and they
were delivered to the joint committee of enrolments, to he aid be¬
fore the Governor; and after some time, Mr. Larbcc reported that

they had performed that duty. „ , f c f .

The Senate received information, by the Secretary of State,
that the Governor did, on yesterday, approve and sign enrolled
hills,'which originated in the Senate, of the following tides, tow .
An act declaring Dick’s river navigable; an act for the bene it ol
Robert Kinkaid; an act to lay off the State into electoral dis¬
tricts 1 an act to change the terms of the Woodford circiu. court,
an act to establish the'town of Mayfield, in Graves county, audio
provide for the sale of the lots; an act to legalize the proceeding
of the Woodford county court at their January term l h^4; an act
concerning the Bank of Kentucky and the. Bank of the Common¬
wealth; an act for the benefit of sheriffs; an act to repeal all laws
allowing a replevin of two years on contracts entered into altei
the first of June next; an act to alter the time of holding certain
circuit and county courts; an act to increase the allowance to in¬
digent pupils in the Asylum for the education of the Deal and
Dumb, and for other purposes; an act to change the venue ui the
case of John Williams: an act for the benefit of the heirs of Dav iu
Davidson; an act for the benefit of the stockholders ol the 1 ar¬
mors and Mechanics’ Bank of Logan, and for other purposes; an
act supplemental'to an act establishing the county of Spencer; an
act to add a part of the county of l loyd to the county of Morgan,
and for other purposes; an act for the benefit of Nancy C ravens;
an act for the benctit of certain seminaries; an act concerning the
Directors of the Bank of Kentucky; an act for the benefit of
John Anderson; an act to authorise the clerk of Hickman county
court to transcribe certain records; an act to regulate the town ol
Christiansburg, and for other purposes; an act authorising certain
county courts to hold additional terms, and an act supplemental to
the act fixing the ratio and apportioning the representation lor
the ensuing four years: And that he did, on this day, approve
and sign an enrolled bill, which originated in the Senate entitle*
“an act for the benefit of the Sergeant of tne Court of Appeals,
also, a resolution directing certain repairs to be made to the Cap¬
itol, and a resolution for printing and binding the Acts and Jour-

na Ordered, That Mr. Ewing inform the House of Representatives

11 The Senate received a message from the House of Representa¬
tives, announcing that they had finished their legislative business

THE SENATE.

323

find were ready to adjourn without day; and that they had ap¬
pointed a committee on their part, to co-operate with one from the
Senate, to wait on the Governor, and know of him whether he has
any further communications to make.

' Ordered , That Mr. Denny inform the House of Representatives
that the Senate have finished their legislative business and ary
now ready to adjourn without day.

Messrs. Denny and Blackburn were appointed a committee on
the part of the Senate, to wait on the Governor.

The committee retired, andaftersome time returned, and Mr.
Denny reported, that they had performed the duty assigned them,
and were inforn ed !>y the Governor that he had no further commu¬
nications to make to the Legislature.

The Lieutenant-Governor delivered a valedictory address, and
adjourned the Senate without day.

The Lieutenant-Governor having retired, Mr. Ewing was call¬
ed to the chair, and Mr. Marshall offered the following resolu¬
tions, to wit:

Resolved by the Senate of Kentucky, That the able, impartial and
dignified manner in which William T. Bakrv, Lieutenant-Gover¬
nor, has discharged the office of Speaker of the Senate, during the
term of his service, demands the warmest applause, and is entitled
to the grateful thanks of that body.

And resolved, That the philanthropy, liberality and generosity of
feeling expressed and manifested in the public acts of that gentle¬
man, endear lfim to the Senate; and although, as individuals, many
of that body have differed with him in sentiment and views of poli¬
cy, yet the urbanity of disposition and amenity of manners with
which he lias urged that difference, have plucked the sting from
controversy and cast oblivion upon momentary excitement.

In contemplating the termination of the public and official ca¬
reer of William T. Barry, as Lieutenant-Governor and Speaker of
the Senate, we cannot withhold an expression of regret, that the
country should lose the benefit of his talents and exertions in aid of
her councils, and the Senate should be deprived of his ability and
mildness of direction and control.

With feelings of friendship and unfeigned kindness, we tender,
as a Senate, to William T. Barry, our high regard and heart-felt
Fishes for his success and happiness.

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Texts

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "Journal of the Senate of the Commonwealth of Kentucky, November 3, 1823 - January 8, 1824"

See other formats